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Updated almost 8 years ago, 01/30/2017
Tenant Broke Lease for Pest Issue
I rent out my condominium. My tenant notified me she saw a cockroach and I called the building manager the following morning. The building sprayed that day, but she was not satisfied. She found two dead bugs the following day, and one live bug the day after that. On the fourth day, I notified the building there was still an issue. They had Terminix treat the unit immediately. I have now received a letter from her attorney. She's vacated the premises and wants her security deposit back.
Given that I did my due diligence and did not receive a complaint after the second treatment, I do not believe I am the party at fault. However, I am not sure how to proceed. I do not want to sue for the remainder of the rent, but I believe I should be able to keep her security deposit.
Are there any suggestions?
Not even sure she has the right to terminate for seeing one bug. That doesn't render the unit uninhabitable. Depends on the wording of the lease, but maybe her lack of cleanliness caused the pests. Were there other complaints in the building? You remediated immediately upon notice. It may take a few days for treatment to fully take effect. Seeing dead bugs is a sign that it IS working. Not legal advice, but I would personally write a letter back saying she is not entitled to a refund, she is in default and you will not be returning the deposit and reserve all of your rights in connection with her breach and then just don't send it back. Lawyer may just be a friend or family member trying to scare you, but to spend the money to actually sue you when it's a shaky case at best, I doubt she'll take it there.
Jessica Zolotorofe
Agreed,
Worst case scenario she sues and wins the deposit back but I doubt any Judge would award for a bug or two given your prompt response and actions.
Keep the deposit, tell her if she wants it, she's welcome to sue you.
It'll come down to whether or not a judge feels that a few bugs constitutes a habitability issue. I personally can't seem them siding with the tenant, but stranger things have happened, I suppose.
Thank you everyone!
@Rachel Solly , sit down, right now, and document absolutely everything. Times she called (guesstimate and note that it's a guesstimate if you don't have the exact times) what she said, what you said, who you called, when they came out - everything.
If she does sue you, you will want this information written down and at your fingertips in court.
If she doesn't sue you, you're out about 15 minutes of time.
From now on, document all interactions with this tenant. Include a copy of her lease in your files, and take a video walkthrough of the unit for documentation purposes.
Possesion is 9/10ths of the law, so im told
Will do. Thanks!
i would have to agree with @Mindy Jensen you need to have every bit of information written down just in case. She may be trying to scare you but if she is not and does move forward to sue you then you will want as much information as you have. Not sure how much time you have left in the lease but maybe it would be worth stating in your letter back that not only do you feel you do not need to return the deposit but you feel that the lease was broken and they are responsible for the remaining months of the lease. I know you said you are not worried about the remaining rent but maybe to realization that if they sue you and lose not only will they not get the deposit back but they may actually owe you more money. It might just scare them into dropping it all together.