Landlord requiring me to hire exterminator or they will do so without consent and bill me

[WarrantSeeker]

I'm in Virginia. I recently discovered a large snake in my house. The snake left through a hole in my laundry room where a pipe used to be, where it likely came in from. I called the property management company after I saw the snake and asked for help, saying there were also mice in the home. The company said that was my responsibility. I received a notice of noncompliance with my lease the next day because I had pests in my home, citing a term in the lease that said The tenant is responsible for eliminating pests from the home. The notice said that I had to hire an exterminor to treat the home for pests by the end of the month. If I didn't, the company would do it, charge me for it, and charge me an extra fee on top.

I trapped an removed a couple of the mice myself and haven't seen them since. I told the property manager this and said I'm not paying for an exterminator. I also said it's there fault there are pests in the home by having a hole in the floor, which I visually observed a snake crawling through. The manager said mice can come in from multiple spots, and also said trapping and releasing mice will not work because they can come back in.

I know the lease says I am responsible for controlling pests, but no language from the lease was sent to me about how this is to be done, such as hiring an exterminator. Also the only evidence they have of mice is that I told them there was mice. Presumably, I could just tell them there are no more mice (which I believe there aren't). What are my options here? This does not seem like an equitable requirement as exterminators are expensive, and I don't want toxic chemicals in my home.

 

[Zigner]

I'm not convinced that the clause in your lease that you cited is enforceable. You should read up here: https://law.lis.virginia.gov/vacodepopularnames/virginia-residential-landlord-and-tenant-act/

If you still have questions or concerns, then you ought to contact a local tenant's rights attorney or three for consultation(s).

 

[bcr229]

Get a can of spray foam and seal the hole up so the mice can't come back in, especially before the weather gets cooler and they start looking for warm places with food to spend the winter.

If you see another snake in the house, look for the Facebook group called "Free Snake Relocation Directory", which is staffed by thousands of volunteers nationwide who are willing to come to your home and safely remove slithery guests at no charge.

 

[zddoodah]

What are my options here?

1. Comply with the demand.
2. Don't comply with the demand and deal with the fallout, which could include eviction proceedings.

 

[adjusterjack]

I know the lease says I am responsible for controlling pests,

You know that? When did you know it? Did you know it before you called the LL about the snake and mice? If yes, then it was foolish to open this can of worms by calling the LL. You could have taken your own steps and the issue would never have come up.

 

[Taxing Matters]

I'm not convinced that the clause in your lease that you cited is enforceable.

I'm not seeing the source of hesitation on this. I would want to read the actual lease, of course, but I see nothing in the VA landlord tenant act that prohibits the parties from allocating to the tenant the responsibility to pay for pest control. The Act starts with the general premise that "A landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, charges for late payment of rent, the term of the agreement, automatic renewal of the rental agreement, requirements for notice of intent to vacate or terminate the rental agreement, and other provisions governing the rights and obligations of the parties." VA Code § 55.1-1204(A). Looking through the rest of the Act, nothing in it specifically addresses pest control other than a requirement that the landlord provide notice to the tenant before the landlord enters to apply pesticide unless it was the tenant who asked for the pesticide treatment.

Remember, few states regulate landlord tenant law nearly so much as California, and in particular the South, including VA, tend to be fairly light in regulation of this area. So if your point of reference is what California does, you can't assume other states will do it the same way.

 

[quincy]

WarrantSeeker, is this the same house you rented last October, when you had problems with the HOA?

 

[WarrantSeeker]

WarrantSeeker, is this the same house you rented last October, when you had problems with the HOA?

No

 

[WarrantSeeker]

You know that? When did you know it? Did you know it before you called the LL about the snake and mice? If yes, then it was foolish to open this can of worms by calling the LL. You could have taken your own steps and the issue would never have come up.

Duh, I know that now. I was not aware of the lease terms when I called. I just knew there was a large snake in my house and I was scared and I needed someone to help me. Also, I believe I may be required by Virginia law to inform a landlord when there are pests in the home. I do not understand the point of lambasting me for what I should have done versus what I should do now. The past is the past.

 

[WarrantSeeker]

1. Comply with the demand.
2. Don't comply with the demand and deal with the fallout, which could include eviction proceedings.

Those are two overarching options. I'm asking for details about the best way to "deal with the fallout" so that the situation works out better in my favor.

 

[WarrantSeeker]

I'm not convinced that the clause in your lease that you cited is enforceable. You should read up here: https://law.lis.virginia.gov/vacodepopularnames/virginia-residential-landlord-and-tenant-act/

If you still have questions or concerns, then you ought to contact a local tenant's rights attorney or three for consultation(s).

Why would the term not be enforceable? I read the tenant act. The only thing I saw concerning pest control was that the landlord may make a tenant pay for damages from pests when the tenant was responsible for the infestation. What I am being asked to do is use a specific method to ensure there is no infestation. The lease clause does not state I have to use an exterminator. This is the method devised by the property management company. The infestation can be controlled using other methods, if it even still exists, which there is no evidence of.

 

[not2cleverRed]

Get a can of spray foam and seal the hole up so the mice can't come back in, especially before the weather gets cooler and they start looking for warm places with food to spend the winter.

If you see another snake in the house, look for the Facebook group called "Free Snake Relocation Directory", which is staffed by thousands of volunteers nationwide who are willing to come to your home and safely remove slithery guests at no charge.

Stuff the hole with steel wool first.

 

[Zigner]

I'm not seeing the source of hesitation on this. I would want to read the actual lease, of course, but I see nothing in the VA landlord tenant act that prohibits the parties from allocating to the tenant the responsibility to pay for pest control. The Act starts with the general premise that "A landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law, including rent, charges for late payment of rent, the term of the agreement, automatic renewal of the rental agreement, requirements for notice of intent to vacate or terminate the rental agreement, and other provisions governing the rights and obligations of the parties." VA Code § 55.1-1204(A). Looking through the rest of the Act, nothing in it specifically addresses pest control other than a requirement that the landlord provide notice to the tenant before the landlord enters to apply pesticide unless it was the tenant who asked for the pesticide treatment.

Remember, few states regulate landlord tenant law nearly so much as California, and in particular the South, including VA, tend to be fairly light in regulation of this area. So if your point of reference is what California does, you can't assume other states will do it the same way.

Frankly, I'm surprised that you didn't point out 55.1-1227 which specifically places responsibility on the tenant

§ 55.1-1227. Tenant to maintain dwelling unit
A. In addition to the provisions of the rental agreement, the tenant shall:
.
.
.
3. Keep that part of the dwelling unit and the part of the premises that he occupies free from insects and pests, as those terms are defined in § 3.2-3900, and promptly notify the landlord of the existence of any insects or pests;


(I am now convinced that the provision is legal)

(I

 

[FarmerJ]

If you use expanding spray foam it could cause the LL to try to claim you created damage since excess foam thats all dried is hard to get off of things if you use steel wool since it doesnt create permanent damage and send to the LL via confirmed mail delivery a real letter telling the LL where the openings are that you packed with steel wool and tell them that this is now a repair issue and if you find more pest you will eradicate them as the lease says and as you find new openings you will report them as a repair problem ( since its likely your lease does not allow you to make repairs ) the holes to be sealed by them and if they dont but then you will call building inspections.

 

[bcr229]

If the management company is still insisting that you use an exterminator then call around to several to see who will give you the best price on an inspection, just so you can send them a copy of the report that states "no rodent infestation found" to cover yourself.