Help with Tenant Security Deposit - Moved out early and won't pay rent because of pests

[Brad McGuirk]

I am a very young landlord and would appreciate any advice/help with this situation:

I had a great tenant for three years. There lease is up on the 26 this month and they just moved out on the 3rd.

The tenant has requested to not pay rent this month because of termite/mouse problems and has declared the apartment uninhabitable.

I know there are some pest issues but I get them treated every year.

In their lease they are supposed to be responsible for pest control as well, (She says that is not legal, is it?)

The tenant has kept the place in great shape except some melted siding from a grill ($100-$300 repair)

The tenant is a law graduate student and works at a firm, said all the lawyers at her firm said she has every right to move out and not pay rent.

She also wants her full security deposit back as well.

Should I just let her go and cut my losses, or should I deduct her security deposit and sue her for rent?

It would only be for about $500 in rent plus the repair.

I am afraid because I feel like she could get a very good lawyer for free from her firm and I would represent myself.

[Joel Owens]

From what you have said Brad I would just let it go.Consider that you have not had tenant turnover costs in 3 years and rent on time with rodent problems a blessing and call it a day.

Brad so you have visible termites which could destroy the value of your investment and you are worried about a few hundred dollars with this tenant??

I would want the tenant out so I could get the rodent problem under control and get a full scope of the termite damage.That is what I would be concerned with as well as your re-tenant and lost rent costs until you rent the unit out again.

Since you own a duplex they have shared walls.You have to make sure the other tenant is clean or the pest control service will make ZERO DIFFERENCE.The reason is even if you put poison down but food is available the pest will leave the poison and eat the food.

You have to close off all exterior gaps of the building,keep tree branches away from critters getting in,keep trash in trash cans and away from the building for pick up,clean unit top to bottom,pull out stove and fridge in kitchen and degrease and sanitize.After years of recycling tenants you would not believe what builds up back there that attracts and breeds pests.

Good Luck