Fumigation

2 Replies

My Tenant just moving in a condominium, she is stating that there is a roach situation which while I was there fixing the apartment I never saw that situation. She told me that Florida law says that it is responsibility of the landlord to fumigate the place on a regular basis. the Florida Statute 83.51 does not specify directly who is responsible for an ongoing fumigation.

@David Velazquez is it addressed in your lease?

I think the easiest thing to do would be to get a monthly pest control deal.  In CA anyway, if you sign up for monthly spraying, if there is any kind of infestation, such as a giant trail of ants in the kitchen, they'll treat that for free.

And that way, if she starts hollering that the place is uninhabitable, you can always point to the fact that you have regular pest control.

Another option is what we called the "happy clause" where we just tell a tenant that it appears they aren't happy in the unit, and if they want to move, all they need to do is give 30 days notice.  

Sometimes tenants start doing this when they want out of a lease for any reason on the planet.  But, they don't want to come right out and ask to be let out of the lease.  So, they look up the laws that say they can get out of the lease if the place is uninhabitable, or they can withhold rent if the landlord doesn't take care of a problem, etc.  

If you just offer them the "happy clause," they will either look surprised and shut up, or they'll take you up on it.  Some tenants just want to see how high you'll jump when they tell you to.  If you take that power away, and call their bluff, they'll calm down.

You could tell her you're going to start having monthly spraying done, but if she's not happy she's welcome to move out in 30 days.  And put that in writing.  If she ever takes you to court, the judge will say, why didn't you just move?  What else could he have done?

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