Advise on handling dispute with tenant - lease terms - in Texas

Advise on handling dispute with tenant - lease terms - in Texas

Investor · San Francisco, CA · Member since 2014 · 25 posts · 1 vote

Hello Everyone,

I'd love some advise on how to handle a difficult tenants request.

In summary, this is a nice unit, not a slum and I maintain all my units. I am on good terms with most all my tenants as I make a point to take care of them.

That being said this tenant is quite a headache and often making outlandish requests.

Here is what is going on:

He sent an email a few weeks back, saying he saw some rat droppings in his closet and then went on to say he is sure they are coming from his neighbor (other side of a side-by-side duplex). He claimed she admitted she had rats and thus was requesting we get her to pay for abatement for him.

Well, we talked to said neighbor who said she did nothing of the sort, and obviously we would not try and get her to pay for any repairs on his unit regardless..

I wrote him a polite email explaining that, per his lease, he needed to handle any pest problems himself and that his neighbor admit or not admit of guilt wasn't relevant. 

Now yesterday I received a certified letter in the mail claiming he has a rat infestation in the walls of his duplex. He is now saying they are getting in through some gap (first time he has mentioned it). He is syaing is consititues and threat to his health and safety and that they expect it resolved or he plans to excericse  chapter 92, subchapter B of the texas property code.

I believe the correct action plan is to fix any gaps into their living space (the first time we have head about any gaps) and then let them deal with the 'rat infestation'. I am fairly certain that they have not even seen an actual rat, just droppings.

I'd like advise on if my action plan is correct on how to respond and on the right wording to respond appropriately and legally.

I'd be willing to pay fee to have a letter drafted up as well.

I find it quite sad that this tenant believes sending threatening letters is the best way to handle this. We have never shown a lack of commitment or compassion in handling issues at their unit and its just  a bad way to go about working with people in my opinion. Clearly I do not plan to renew with him but i'd like to live out their lease peacefully.

Thank you for any and all advise!

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Kim Meredith HamptonBusiness Member
Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
9y

I would take care of the problem right away, you don't want to open a can of worms with the health department 

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  • Investor · Buffalo, NY · Member since 2016 · 668 posts · 209 votes
    9y

    Let him blow smoke. Hire a professional exterminator to inspect the property and prepare a report. Follow his recommendations and document everything, burden of proof is on your tenant to prove you willingly delayed a remediation after his written notification. Read your lease carefully to determine if you can charge both tenants for the pest control effort, probably depends what the exterminator's report tells you. Finally, you're willing to let him out of his lease with no penalty and he's free to move someplace else where he feels safe. You'll even refund all of his security deposit if he leaves the place clean. Best of luck with your investment.

  • Rental Property Investor · Fayetteville, NC · Member since 2014 · 884 posts · 670 votes
    9y

    Maybe offer to just let him out of his lease? Personally I would not want a tenant like that in one of my properties. Sometimes its better to just cut your losses...

  • Kim Meredith HamptonBusiness Member
    Real Estate Broker · St Petersburg · Member since 2014 · 2k+ posts · 2k+ votes
    9y

    I would take care of the problem right away, you don't want to open a can of worms with the health department 

  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    9y

    Multi-family requires a different approach, including taking on pest control as your responsibility. Rat droppings are indeed evidence of the presence of rats and you should take heed to address this issue quickly and effectively. If you don't, it will get worse and the health and well being of both tenants will be at risk. Not only that, but your building could suffer real damage. 

    Hire a professional integrated pest management company and take care of the problem at your expense. Eradicate the pests, clean up the surroundings, and repair the physical damage caused by the pests. Then do what you can do to prevent a re-infestation in the future. That will include teaching your tenants what is necessary to do (or not do) to reduce rodent attraction to the property, exclusion of all possible entry points, and an on-going integrated pest management plan.

    If you don't know about rodent behavior, specifically rat behavior, educate yourself. We had a Norway Rat infestation at one of our remote family properties, so I speak from first hand knowledge. This is not something you want to leave in the hands of the tenants to resolve. Step up to the plate.

  • Investor · San Francisco, CA · Member since 2014 · 25 posts · 1 vote
    9y

    Thanks everyone for your advise. I think we are going to have it fixed at our expensive and move forward from there for now. 

  • Real Estate Agent · Houston, TX · Member since 2015 · 93 posts · 46 votes
    9y
    Also just because there is some sore of pest control clause in the contract will not release you of liability. Not only will the local health department use the full weight of the law but there is federal and international health codes that no contract can supersede.
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