TEXAS: Apartment manager requesting pets removed for pesticide spraying

[AimlessRolling]

Texas: My daughter called me this evening with an interesting question, she received the attached notification from the staff at her apartment. If she follows the instructions, she has to take her dog to the vet for his booster (bordello) and then kennel him for a day. Is this legal, and what are her options?

Thanks,
Aimless

Scanned/OCR copy of notification below:
____________________________

PEST CONTROL NOTIFICATION
Date: 4/16/15
Budd1ngs 15 through 20
Your apartment and/or entire build1ng will be sprayed for insects on 419/15. Due to certain habits of some insects, we sometimes encounter problems with pest control that can only be resolved by a professional exterminator. The exterminator will need access to your apartment for the entire day.

For best results, please follow these simple steps:
� Empty garbage and remove to outdoor dumpsters.
� Pick up toys, clothing and other articles from the floor.
� Tidy up and remove items from under the kitchen and bathroom sinks to permit thorough spraying.
� For maximum effectiveness, clean out kitchen utensils, dishes and any food items in your cabinets and/or pantry. We strongly suggest you do this. as certain insects will move from on apartment to the other rf the entire area is not sprayed properly.

Please expect a five- to seven-day period for spraying to take effect.

All pets, including any fish, are negatively affected by the spray and should therefore be away from your apartment for the day. Also, please pull any plants away from the baseboards.

We appreciate your cooperation in this matter. Ptease contact the management offtee if you have any questions.

Sincerely.
XXXXXX Staff
254-838-87XX

 

[cbg]

If she doesn't follow this instructions, her dog might be dead, or seriously ill, when she comes home. What does she, or do you, believe is illegal about these instructions for the animals' safety?

 

[AimlessRolling]

If she doesn't follow this instructions, her dog might be dead, or seriously ill, when she comes home. What does she, or do you, believe is illegal about these instructions for the animals' safety?

The tenant has exclusive rights to the property while rented, with exception for maintenance and repair, provided adequate notice is provided. How is it legal to displace the tenant, and her pets, so that they can spray toxic pesticides? Do you have to remove your pets when your home is sprayed by the pest control company, I certainly have NEVER been requested to have my pets off premises by my pest control company and I suspect that no one else has either.

But to answer your question, displacing the tenant and her property, which in this case is her dog, for an "all day" duration, which will cost the tenant money to have the pet boarded is certainly something that begs the question: is it legal for the property manager to do so?

If the animals safety is truly a concern of the property management, either allow the tenant to be excluded from having toxic sprays performed on the unit -OR- use pet safe chemicals such as are used where homeowners have small children and pets. (duh!).

Thanks,
Aimless

 

[cbg]

Do you have to remove your pets when your home is sprayed by the pest control company Yes.

I certainly have NEVER been requested to have my pets off premises by my pest control company and I suspect that no one else has either. Then your suspicion is wrong.

Personally, I took my cats to a friend's house for the day.

 

[Silverplum]

Texas: My daughter called me this evening with an interesting question, she received the attached notification from the staff at her apartment. If she follows the instructions, she has to take her dog to the vet for his booster (bordello) and then kennel him for a day. Is this legal, and what are her options?

Thanks,
Aimless

Scanned/OCR copy of notification below:
____________________________

PEST CONTROL NOTIFICATION
Date: 4/16/15
Budd1ngs 15 through 20
Your apartment and/or entire build1ng will be sprayed for insects on 419/15. Due to certain habits of some insects, we sometimes encounter problems with pest control that can only be resolved by a professional exterminator. The exterminator will need access to your apartment for the entire day.

For best results, please follow these simple steps:
� Empty garbage and remove to outdoor dumpsters.
� Pick up toys, clothing and other articles from the floor.
� Tidy up and remove items from under the kitchen and bathroom sinks to permit thorough spraying.
� For maximum effectiveness, clean out kitchen utensils, dishes and any food items in your cabinets and/or pantry. We strongly suggest you do this. as certain insects will move from on apartment to the other rf the entire area is not sprayed properly.

Please expect a five- to seven-day period for spraying to take effect.

All pets, including any fish, are negatively affected by the spray and should therefore be away from your apartment for the day. Also, please pull any plants away from the baseboards.

We appreciate your cooperation in this matter. Ptease contact the management offtee if you have any questions.

Sincerely.
XXXXXX Staff
254-838-87XX

The tenant has exclusive rights to the property while rented, with exception for maintenance and repair, provided adequate notice is provided. How is it legal to displace the tenant, and her pets, so that they can spray toxic pesticides? Do you have to remove your pets when your home is sprayed by the pest control company, I certainly have NEVER been requested to have my pets off premises by my pest control company and I suspect that no one else has either.

But to answer your question, displacing the tenant and her property, which in this case is her dog, for an "all day" duration, which will cost the tenant money to have the pet boarded is certainly something that begs the question: is it legal for the property manager to do so?

If the animals safety is truly a concern of the property management, either allow the tenant to be excluded from having toxic sprays performed on the unit -OR- use pet safe chemicals such as are used where homeowners have small children and pets. (duh!).

Thanks,
Aimless

Pest control is maintenance. Notice has been given.

 

[justalayman]

The tenant has exclusive rights to the property while rented, with exception for maintenance and repair, provided adequate notice is provided.

You answered your own question right there. This is maintenance or repair and they have provided a decent notice.


quit being such a jerk about this and board the dog so they can spray to get rid of bugs, unless of course you do want bugs. They are not obligated to follow your suggestions so it's either board the dog or purchase a permanent dirt doggy bed.

 

[BL]

You answered your own question right there. This is maintenance or repair and they have provided a decent notice.


quit being such a jerk about this and board the dog so they can spray to get rid of bugs, unless of course you do want bugs. They are not obligated to follow your suggestions so it's either board the dog or purchase a permanent dirt doggy bed.

Also, I suspect that if you denied this you could be evicted.

 

[AimlessRolling]

You answered your own question right there. This is maintenance or repair and they have provided a decent notice.


quit being such a jerk about this and board the dog so they can spray to get rid of bugs, unless of course you do want bugs. They are not obligated to follow your suggestions so it's either board the dog or purchase a permanent dirt doggy bed.

ok, there we go with name calling when no valid argument is available. consider yourself ignored, please move on to harass some other victim as you won't find one here.

and I have NEVER been requested to remove a pet from a home for pesticide spraying. I'm not sure what planet you folks are from, but when I rent an apartment I don't expect neither myself nor my pets to be asked to leave for the day.

let's just agree that we disagree. move on, nothing to see here.

 

[AimlessRolling]

Pest control is maintenance. Notice has been given.

access after notice, yes. being told to take your pets offsite for the day isn't access, it's breach of contract. they can have all the access they want, just don't expect me to leave or remove my pets or property from a unit i have leased.

 

[BL]

Look at your lease.

I'm being kind here.

Fact is we use to live in a place , they ask contain any animals. We didn't have animals ,but still.

Cover your fish tank with a towel, etc..

Now you say you've never been asked to do this for pest control before. You didn't say that up front.

Maybe there's a good reason for their request.

Why come here instead of asking management?

Members here especially seniors give good advice ,and that wasn't name calling . Pest control should have given you notice up front what pesticide(s) they would be using and what to do, but management already informed you.

Deal with it.

 

[AimlessRolling]

Why am I here?

Look at your lease.

I'm being kind here.

Fact is we use to live in a place , they ask contain any animals. We didn't have animals ,but still.

Cover your fish tank with a towel, etc..

Now you say you've never been asked to do this for pest control before. You didn't say that up front.

Maybe there's a good reason for their request.

Why come here instead of asking management?

Members here especially seniors give good advice ,and that wasn't name calling . Pest control should have given you notice up front what pesticide(s) they would be using and what to do, but management already informed you.

Deal with it.

My DAUGHTER called this evening with this problem.

It will cost her money to get the bordello shot and also to kennel the dog for the day, plus the inconvenience of having to drop off and pick up. She is a student and needs to be focused on other things, not dealing with the idiosyncrasies of an apartment manager.

The above member, justalayman, called me "a jerk". I don't come here to be called names, looking for folks that might have faced a similar problem and solved it. I started with reading the Texas Statutes for Tenants, there isn't anything specific enough there, however access for maintenance and pest control is a valid justification to ENTER apartment; however; there was nothing in the statutes that said they could access the apartment WITHOUT THE RESIDENT PRESENT. There was also nothing in the statutes that indicated that the tenant could be requested to leave nor leave with their pets while the maintenance was performed.

I have lived in buildings all my life, and yes, some of which were apartments and I have had pets at most, if not all, of these locations and I have NEVER been asked to leave nor to take the pets offsite so a pest control technician could spray. This request seems odd. I want to know if anyone else has had this experience and if there was a valid justification or if this was from some idiot at the property management company.

My opinion is that if I have the apartment leased, no one has the right to enter while I am not there, however with that stated, I will provide reasonable access when I am present. Why? Many reasons. I own many things that could cause liability if someone stole them and used them in a manner other than which is legal. My kitchen butcher knife would be one of those items. Maybe I have a tazer in the bedroom nightstand. Maybe I have prescription drugs in the bathroom that have a street value to some junkie. Maybe I keep cash in the apartment in case of emergency. Maybe a whole lot of things about my lifestyle that are legal and within my rights as a citizen, that don't need to be made available to a maintenance technician or other, without my presence.

I think the statutes in most states, and certainly Texas, would agree with my opinions in the above statement.

My daughter plans to discuss with the property management folks tomorrow, and if someone actually has something relevant to REMOVING A PET WHILE AN APARTMENT IS SPRAYED FOR INSECTS, I would be interested in hearing it. If you have comments about anything else, please don't bother as I am sincerely not interested in the debate.

Advice is appreciated, criticism is of no use to me.

Thanks,
Aimless

 

[quincy]

My DAUGHTER called this evening with this problem.

It will cost her money to get the bordello shot and also to kennel the dog for the day, plus the inconvenience of having to drop off and pick up. She is a student and needs to be focused on other things, not dealing with the idiosyncrasies of an apartment manager.

The above member, justalayman, called me "a jerk". EDITED FOR LANGUAGE I don't come here to be called names, looking for folks that might have faced a similar problem and solved it. I started with reading the Texas Statutes for Tenants, there isn't anything specific enough there, however access for maintenance and pest control is a valid justification to ENTER apartment; however; there was nothing in the statutes that said they could access the apartment WITHOUT THE RESIDENT PRESENT. There was also nothing in the statutes that indicated that the tenant could be requested to leave nor leave with their pets while the maintenance was performed.

I have lived in buildings all my life, and yes, some of which were apartments and I have had pets at most, if not all, of these locations and I have NEVER been asked to leave nor to take the pets offsite so a pest control technician could spray. This request seems odd. I want to know if anyone else has had this experience and if there was a valid justification or if this was EDITED FOR LANGUAGE from some idiot at the property management company.

My opinion is that if I have the apartment leased, no one has the right to enter while I am not there, however with that stated, I will provide reasonable access when I am present. Why? Many reasons. I own many things that could cause liability if someone stole them and used them in a manner other than which is legal. My kitchen butcher knife would be one of those items. Maybe I have a tazer in the bedroom nightstand. Maybe I have prescription drugs in the bathroom that have a street value to some junkie. Maybe I keep cash in the apartment in case of emergency. Maybe a whole lot of things about my lifestyle that are legal and within my rights as a citizen, that don't need to be made available to a maintenance technician or other, without my presence.

I think the statutes in most states, and certainly Texas, would agree with my opinions in the above statement.

My daughter plans to discuss with the property management folks tomorrow, and if someone actually has something relevant to REMOVING A PET WHILE AN APARTMENT IS SPRAYED FOR INSECTS, I would be interested in hearing it. If you have comments about anything else, please don't bother as I am sincerely not interested in the debate.

Advice is appreciated, criticism is of no use to me.

Thanks,
Aimless

Aimless, you are here as a guest of this forum, asking for help from the forum members. Please don't use foul language (read the terms of service) and, if you want any additional assistance, please treat the advisors with respect. Thank you.

Many communities inspect rental properties on a regular basis. If there are health or safety violations noticed (if roofs need repair, if fire hydrants have been tampered with, if smoke alarms need replacing, if there is an infestation that needs to handled), the property owner often must get the work completed or be cited for code violations. Owners must keep their rentals up to code and in habitable condition.

Apartment management often has no choice but to request of tenants that they do something that the tenants may not want to do. For example, when parking lots are paved, tenants may need to park in an inconvenient place for a day. When windows need replacing, tenants may have to move furniture and personal items away from windows. When storage units need work, what is stored in those units may need to be temporarily stored elsewhere. And when there are bugs that require extermination, tenants may need to take precautions so their personal belongings and pets are not harmed.

I suggest you tell your daughter that what she is being asked to do is legal. She can call the staff at the number they provided and have them explain to her the need for the extermination, if the letter she received did not explain it well enough for her. She could also request that her unit be excluded from the pest treatments, but inconvenience alone may not be a good enough reason to keep the exterminators out. Allergies might be.

I hope your daughter has renter's insurance. There are many reasons why this is smart but it could be especially smart if your daughter fears her drugs, tazers, butcher knives and money are at risk of being stolen.

 

[jimnyc]

access after notice, yes. being told to take your pets offsite for the day isn't access, it's breach of contract. they can have all the access they want, just don't expect me to leave or remove my pets or property from a unit i have leased.

You'll get your way, no "breach" of contract, and you'll also have a dead dog from the poison. Perhaps very sick yourself if you refuse to leave.

Are you not wanting to leave when they do this? Or do you want to refuse them altogether? Either way you will lose.

 

[cbg]

Suppose you show us the law, or the place in the lease, that prohibits them from asking you to remove your pets for the day.

 

[STEPHAN]

There are companies that provide pet friendly pest control. We allow our tenants to use these - if they pay for it. They are usually much more expensive. But we require treatment, as otherwise it does not take long and we get lots of complains about bugs, fleas etc.