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August 10, 2008
Extermination Advise
Hello all,
I am a new property owner that purchased a completely renovated building in the earlier part of this year. The renovation was completed over a year an a half ago and the building was vacant for 8 months (that we know of).
A few months after we moved in, we rented out the top floor to some roommates who had little to no furniture.
About two months ago, the roommates informed us casually (because we were tripping over the debris) that he had a friend that was moving out of state and sold them all of his furniture for a bargain basement price.
Two days ago, the tenant knocked on our door to inform us that he has rodents (mice & odd-looking bugs). He also inquired about the state of our apartment (i.e. weather or not we had noticed bugs). When we told him that this was the first time we were hearing about it, he proceeded to rationalize that the bugs might have come from the neighbors next door because their have a lower socio-econonomic status (yes, that was a direct quote).
My husband was so angered that the tenant used every possible explanation (including blaming the people next door) rather than look at his actions (trekking in used goods). We have already decided that we will pay for the exterminator to circumvent the spread of bugs/mice to the tenant on the second floor (who just moved in) and our apartment because the building is our investment and we cannot expect a tenant to assume responsibility for something they have no real interest.
My question is who is responsible for this? The building was completely new and there was no possible way that there were bugs prior to the tenant moving in. The tenants are the first occupants of their apartments. We do not have a “rodent clause” in our lease, but there is a “maintenance clause” that states that the tenant will maintain the apartment in good and sanitary condition. We do not want to end up in a situation where “we” pay for the exterminator and indirectly admit any fault as a result (I have seen some crazy things on court television shows). Any advice is welcomed.
Comments
Maybe this is your first time at owning rental property but paying for a monthly exterminator service is just part of being a landlord. I have never heard of people bringing their own mice with them into a building when they moved in but "bargain basement furniture" most likely is the source of the bed bug (have they been officially identified yet?) infestation. I thought everyone knew NYC is currently plagued by bed bugs.
http://www.nyc.gov/html/nycha/html/residents/bedbugs.shtml
Posted by: IMBY at August 10, 2008 7:22 PM
Thanks for your input. Yes this is my first time owning a rental property and no the bugs haven't been identified. The exterminator is coming tomorrow. I have heard about the bed bug outbreak but I didnt really bother with it because it didnt affect me (or so I thought). I have actually seen a mouse jump out of a co-workers designer purse at work so I definately can attest to people bringing rodents "with them". I didnt know that the exterminator was a monthly expense. I have had exchanges with people who own older, non-renovated homes and they use an exterminator once or twice a year with no problems. They give credit to their tenants for lack of pests but the bed bug epidemic (that you reminded me of) is probably a good reason to exterminate monthly. Thanks again.
Posted by: newinthestuy at August 10, 2008 9:29 PM
Thanks for your input. Yes this is my first time owning a rental property and no the bugs haven't been identified. The exterminator is coming tomorrow. I have heard about the bed bug outbreak but I didnt really bother with it because it didnt affect me (or so I thought). I have actually seen a mouse jump out of a co-workers designer purse at work so I definately can attest to people bringing rodents "with them". I didnt know that the exterminator was a monthly expense. I have had exchanges with people who own older, non-renovated homes and they use an exterminator once or twice a year with no problems. They give credit to their tenants for lack of pests but the bed bug epidemic (that you reminded me of) is probably a good reason to exterminate monthly. Thanks again.
Posted by: newinthestuy at August 10, 2008 9:30 PM
It's important for you as a landlord to understand your obligations. Even so, as a property manager I will tell you that landlords, tenants and yes, property managers too, all bring their issues to the table. For example, you noted the tenant's comment on "lower socio-econonomic status" but seem unaware of your parallel comment about "furniture for a bargain basement price." Those nuances could be irrelevant, except for the reality of how they play out in small building landlord-tenant relationships. By law, vermin control is the absolute responsibility of the landlord, regardless of origin (as if origin could be definitively traced, and as if vacant buildings are not attractive to insects and rodents). For more on this subject, please refer to: http://www.housingnyc.com/html/resources/hmc/hmc.html
Housing Maintenance Code, especially:
ARTICLE 1 -- Obligations of Owner and Tenant: Duty to Repair
ARTICLE 4 -- Extermination and Rodent Eradication
Also see Attorney General's Tenant's Rights Guide (you will find a link on the website above), including:
LANDLORDS' DUTY OF REPAIR
Landlords of buildings with three or more apartments must keep the apartments and the buildings' public areas in "good repair" and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, ventilating systems and appliances landlords install, such as refrigerators and stoves in good and safe working order....
Posted by: hakonechloa at August 10, 2008 10:55 PM
Hakonechloa-
Thanks for the input and the link. I am actively trying to figure out what my responsibilities as a landlord are, and it is a learning process. I have every intention of fulfilling my obligations to our tenants so much so that I have given them welcome bonuses and rent reductions for the holidays. But enough about me..........
The "bargain basement" comment was another direct quote from the tenant, who sometimes says the funniest stuff when he is not being mildly offensive.
As for the pest, perhaps I am naive, but I lived in the building alone (sans tenants) & didnt have rodents. Then the roomies move in and now we have rodents. I am no expert on the psychology of rodents but 1+1=2. I might be wrong in assuming that the new furniture is the cause but used goods are just that.
Posted by: newinthestuy at August 10, 2008 11:22 PM
Curtain question,
Our house has a couple of bay windows. They don't portrude a lot, but there is definitely a small triangle of three windows. My question is: How do you solve the curtain question? You can't hang a straight rod, three seperate rods look strange also. How have you solved the problem?
Posted by: hollander at August 11, 2008 9:29 AM
Take a deep breath. Just get an exterminator to do a thorough job there and either get him in regularly or figure out a plan to do it yourself. This is part of being a landlord. People aren't perfect. And people who demand perfection from you can be very annoying. Good luck and keep your sense of humor.
Posted by: donatella at August 11, 2008 11:28 AM
By the way, I made a post recently about Guido Amati from Bravo Exterminating. He can help you get the situation under control.
Posted by: donatella at August 11, 2008 11:29 AM
newinhestuy, get a grip. Bringing in a mouse in a handbag? How often does that happen? Once in a millennium? I know several people, including myself who've "trekked in used furniture" sans problems. I mean, you could buy stuff in an antique shop and it may have bugs.
btw, I'm a landlord and in 7 years here we've not had to have exterminators, touch wood. Your experience will vary.
Your tenants may or may not have brought in the critters, but that's both unprovable and irrelevant, and expecting a mea culpa from them (even if they know they did it, doubtful in itself) is too much.
Posted by: cmu at August 11, 2008 3:18 PM
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