Tenant blaming health issues on property

[Stephan Precourt]

Hi all,

I bought an old (1900’s) 2 unit property exactly 1 year ago this month. The tenants have been okay, though kind of a pain getting them to pay rent on time. In early august, my tenant notified me about mice she’s found in her unit. Apparently it was pretty bad by that point. Within a month of her initial notification I started monthly exterminator service, had a cleaner there and went there myself to clear out all insulation in areas mice had been seen and put spray insulation in all holes I could find around the foundation. Now my tenant is very slow at paying rent because of her “health issues” which she’s blaming on the mice infestation. I’ll be the first to admit the infestation is pretty bad and it’s not how I want my tenants to live. I also know she’s just looking for reasons to not pay rent and is trying to play this up. What I care about is ACTUAL liability I may have in this scenario as there’s obviously valid health concerns around mice infestations. I’m tracking down all communications, service receipts, etc. to get my ducks an a row. Just wondering if anyone else has dealt with something like this and took a course of action or sought out legal advice that would be helpful here. Thanks in advance!

[Carl Millsap]

@Stephan Precourt unless you did something that created the infestation, I don't know how the tenant can say you're liable.

1. You've taken action to fix the situation. You're on the right track keeping all communication, receipts etc.

2. If the situation is that bad i.e. causing health issues then give the tenant an opportunity to break the lease and move. Ensure its in writing. 

3. Ensure you follow local, State laws, and enforce your lease. 

At the end of the day you've taken action to correct the situation and if the tenant thinks it's a health risk then they should move to reduce continued exposure....at least that seems like the common sense move.

Disclaimer: Although I stayed at a Holiday Inn, I'm not a lawyer.