Home     Law Advice     Insurance Advice     Community    
Landlord / Tenant Issues : Includes Leases, Evictions, etc.
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Landlord / Tenant Issues

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 04-25-2009, 10:44 AM
Junior Member
 
Join Date: Apr 2009
Posts: 5

honey bee removal


What is the name of your state (only U.S. law)? Texas
We have been having many issues with our landlord. As of right now we have had to leave the house do to honey bees coming into the house though a small hole under the siding of the home. Our oldest son is allergic to insect bits. The land lord has informed us that we are reasponsable for the removal of the bees. In my view the bees are like termintes an unwanted insect causing damage to the home. Am I responsable for the removel?
  #2  
Old 04-25-2009, 12:49 PM
Senior Member
 
Join Date: May 2001
Location: Central VA
Posts: 4,469
Assuming it is a single family/stand alone home, yes the tenants' are responsible.

Hotshot is the easiest to use on a calm day in the early evening.....and caulk the hole.
__________________
CPM * 45 years of property management experience * Age and experience ALWAYS trumps youth and enthusiasm
  #3  
Old 04-25-2009, 01:37 PM
Senior Member
 
Join Date: Jul 2007
Posts: 2,337
The answer to your question depends on the terms of your lease and the extent of the problem.

If your lease makes you responsible, then you are. The interpretation of a specific legal document is best left to a legal professional who can review it personally.

If the problem is an occasional bee finding its way into the house, then you would logically be responsible for taking care of the problem. If a bee colony has built a hive in the walls of the house, or close by outside, it is probably the landlord's responsibility to have it removed.

Do you know where the hive is? You say you have left the home. How many bees were coming in on an average day?
  #4  
Old 04-25-2009, 01:38 PM
Senior Member
 
Join Date: Nov 2005
Location: I don't know. The guys with the keys won't say. I think it's top secret info.
Posts: 10,176
I believe it may come down to interpretation but there is a section of Texas statutes that states this:

(paraphrased)

Quote:
2. Major problems.

Regardless of the terms of the lease, there is a law which requires the landlord to repair conditions which materially affect a tenant’s physical health or safety, and to provide hot water to a tenant. Texas law requires the landlord to make reasonable efforts to repair any condition which materially affects the health or safety of an ordinary tenant and to provide hot water to the tenant.
I believe bees would fall under this section as it is a life safety issue.

If there is such thing as a tenants advocacy office in Texas, I would suggest you contact them for clarification.

this is just my interpretation of the applicable laws. The state of Texas may see things differently.
__________________
we are all born ignorant. It is when one fails to remedy that ignorance when they become aware of that ignorance when one proves themselves, simply, they are just plain old fashioned; dumb.
  #5  
Old 04-25-2009, 04:20 PM
Junior Member
 
Join Date: Apr 2009
Posts: 5
we are in texas & the hive is in the wall of the home. at lost account we have over 45 dead bees. that was the estm. from the removal company last night in one corner of iur house. You can see them coming and going out of the house. pluse hear them in the wall. Not a good feeling. Now the landlord says he will pay for the removal of th hive & honey we need to pay the $300.00 for the bees to be moved or killed. This is nuts I just payed rent on Thur.
  #6  
Old 04-25-2009, 06:09 PM
Senior Member
 
Join Date: Jul 2007
Posts: 2,337
What part of Texas are you in?
  #7  
Old 04-25-2009, 06:21 PM
Junior Member
 
Join Date: Apr 2009
Posts: 5
we are in Spring tx north of houston
  #8  
Old 05-11-2009, 05:38 PM
Junior Member
 
Join Date: Apr 2009
Posts: 5
We came to terms with the landlord and agreed to pay $100 of the $300 for the spraying of the bees. However we have not been able to reside in the house for 3 weeks.

Now we are wondering if we can ask for a prorated amount on the rent since we have not been in the house for 3 weeks. Any advice?
  #9  
Old 05-11-2009, 06:09 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Chuckster99 View Post
What is the name of your state (only U.S. law)? Texas
We have been having many issues with our landlord. As of right now we have had to leave the house do to honey bees coming into the house though a small hole under the siding of the home. Our oldest son is allergic to insect bits. The land lord has informed us that we are reasponsable for the removal of the bees. In my view the bees are like termintes an unwanted insect causing damage to the home. Am I responsable for the removel?
**A: the landlord is responsible for the treatment to remove but not for paying any loss of rent. Could you or a handman have easily fixed to small home under the siding to mitigate the problem? Was the bee nest on the property or coming from neighbor's property?
  #10  
Old 05-11-2009, 06:15 PM
Senior Member
 
Join Date: May 2001
Location: Central VA
Posts: 4,469
I disagree with the above...the landlord is responsible for closing the HOLE that is allowing the bees to enter the dwelling; however, in a SFR, the resident is usually responsible for pest control after move-in.....and no, you do not get a rent rebate
__________________
CPM * 45 years of property management experience * Age and experience ALWAYS trumps youth and enthusiasm
  #11  
Old 05-11-2009, 06:18 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Cvillecpm View Post
I disagree with the above...the landlord is responsible for closing the HOLE that is allowing the bees to enter the dwelling; however, in a SFR, the resident is usually responsible for pest control after move-in.....and no, you do not get a rent rebate
**A: not again. Did you read the Texas statute? If so, it is obvious you can't understand English.
  #12  
Old 05-11-2009, 06:21 PM
Senior Member
 
Join Date: May 2001
Location: Central VA
Posts: 4,469
....Regardless of the terms of the lease, there is a law which requires the landlord to REPAIR conditions which materially affect a tenant’s physical health or safety, and to provide hot water to a tenant. Texas law requires the landlord to make reasonable efforts to REPAIR any condition which materially affects the health or safety of an ordinary tenant and to provide hot water to the tenant.

Now....who can't read?
__________________
CPM * 45 years of property management experience * Age and experience ALWAYS trumps youth and enthusiasm
  #13  
Old 05-11-2009, 07:22 PM
Junior Member
 
Join Date: Apr 2009
Posts: 5

More questions


We also ended up paying for shrubs and trees to be cut and removed from the side of the hose where the bees were gathering. Should we be reimbursed by the landlord? Or is that considered maintenance that is the renters responsibility?
rought to our
Also Terminix brought to our attention several holes and gaps around the house that need to be sealed and covered. Otherwise the bees might be able to return. It was suggested a contractor come out to fix these. Can the landlord come after us for $100 to help fix these or would it be his financial responsibility?
  #14  
Old 05-11-2009, 07:26 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by Chuckster99 View Post
We also ended up paying for shrubs and trees to be cut and removed from the side of the hose where the bees were gathering. Should we be reimbursed by the landlord? Or is that considered maintenance that is the renters responsibility?
rought to our


**A: it depends upon the terms and conditions in your lease agreement.


###########
Also Terminix brought to our attention several holes and gaps around the house that need to be sealed and covered. Otherwise the bees might be able to return. It was suggested a contractor come out to fix these. Can the landlord come after us for $100 to help fix these or would it be his financial responsibility?
**A: L should be responsible.
  #15  
Old 05-11-2009, 08:01 PM
Senior Member
 
Join Date: May 2001
Location: Central VA
Posts: 4,469
Cool

OP wrote..."We also ended up paying for shrubs and trees to be cut and removed from the side of the hose where the bees were gathering. Should we be reimbursed by the landlord? Or is that considered maintenance that is the renters responsibility?"

No - not unless the landlord is responsible for the yard work....when renting a sfr, the tenant is tasked with yard care responsibilities and if you do not have the tools, then paying for someone to perform those duties is your responsibility.
__________________
CPM * 45 years of property management experience * Age and experience ALWAYS trumps youth and enthusiasm
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 05:44 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.