Investment Property Mortgage Loans
AmerUSA.net

 Search       Members   Calendar   Help   Home 
Search by username
Not logged in - Login | Register 
Real Estate Forum by US Landlord > Landlord and Tenant Help > Help for Tenants > Forced to move due to cockroach infestation in Alabama!

Read --> American Landlord: Everything U Need to Know... about Property Management

Read --> American Landlord Law: Everything U Need to Know... about Landlord-Tenant Laws

Read --> American Tenant: Everything U Need to Know... about Your Rights as a Renter

Forced to move due to cockroach infestation in Alabama!
 Moderated by: Admin  
 New Topic   Reply   Print 
AuthorPost
LandlordLaura
Member
 

Joined: Mon Aug 21st, 2006
Location:  
Posts: 1117
Status:  Offline
 Posted: Mon Dec 3rd, 2007 03:45 pm
 Quote  Reply 
I understand what you are saying.  I also understand your frustration about paying the additiional moving expense due to the roach situation. 

The Property Managers do not live in the property and may not have been aware of the extent of the roach problem.  As such, the Management Company could argue that they treated the home to eliminate roaches and, therefore, were in compliance and doing their due dillegence in keeping the property habitable.  See what I mean?  You would have to prove otherwise to win a case against them in Court, so solid proof of the Managment's prior knowledge is important to support your case.

Hopefully all "conversations" with the Manangement Company have been in writing.  Issues should always be handled in writing in order to provide proof of what was discussed and how a situation was handled.

Because you will be dealing with the Property Managment/Landlord for some time, it is important to maintain a good relationship.  So far, Property Management may feel that they have put forth a good faith effort in regard to your situation by providing an immediate move to a new rental property and the refund of your rent/security deposit and it is important that you recognize this. 

If you have not communicated with the Landlord/Property Manager in writing, an option would be to write a polite letter tthat outlines the situation and request a reimbursement for your moving expenses under the circumstances.  Enclose a copy of the Landlord Tenant Law, proof of your moving expense and proof that you have of the infestation.  Ask the Management Company for a written reply and reimbursement for your expense within a reasonable time frame.  See how the Management Company responds and take it from there...

Please keep us posted...

jones827
Member
 

Joined: Thu Nov 29th, 2007
Location:  
Posts: 2
Status:  Offline
 Posted: Mon Dec 3rd, 2007 11:46 am
 Quote  Reply 
The management company had a pest control company 'spray' the house, but that is different that extermination.  Homes are 'sprayed' regularly as preventative maintenance.  Extermination happens after there is already an infestation.  In the lease, it says that the management company will maintain the dwelling as habitable while it is in their posession.  Regular pest control is the responsibility of the tenant. 

The pest control company that we had come out to assess the situation was the same pest control company that sprayed prior to our move in.  What he said when he spoke to us was that he 'couldn't believe that people were even living here when the last tenants moved out.'  He said that there were roaches everywhere, and they thought they had taken care of the problem, but obviously not. 

As far as having anything in writing stating that the management company knew that the house was infested....well, it would be organizational suicide if any management company leased a dwelling that they knew was infested and put that in the lease.  What we do have is an hour of video on the second and third night at the house capturing about 300 roaches coming out of the walls and climbing all over the food we just put in the house.

Also, since posting this topic, I found a copy of the Uniform Residential Landlord and Tenant Act, which states pretty clearly that the landlord is required to keep the propery habitable according to all health and safety standards, unless it was the cause of neglect by us.  Obviously, we could not have caused a roach infestation in less than a day.  This act also states that if the management company is in non-compliance, they are not only required to pay back your security deposit and prepaid rent, but also any 'damages' that may have occured as a result of the non-compliance.

Now, we threw away a lot of items because it would have been too dificult to steralize them, but we are not asking for reimbursement for that.  What we are looking for is reimbursement for the actual cost of the move and the groceries that were found to have roaches in them after the first day of moving in.

LandlordLaura
Member
 

Joined: Mon Aug 21st, 2006
Location:  
Posts: 1117
Status:  Offline
 Posted: Fri Nov 30th, 2007 07:53 pm
 Quote  Reply 
From what you posted, it sounds like the Management Company had exterminated prior to your move-in and had made you aware of that.

Thank goodness that the Management Company refunded your rent and security deposit in full and allowed you to move to a new rental property.

Do you have anything in writing, ie, the Lease Agreement and/or Move-In Checklist or any other paperwork, that would prove to a Judge that the Management Company knew that the roach infestation was not taken care of prior to your move-in?  If not, what could you provide to a Judge to prove that the Management Company knew of the infestation at the time you moved in?


jones827
Member
 

Joined: Thu Nov 29th, 2007
Location:  
Posts: 2
Status:  Offline
 Posted: Thu Nov 29th, 2007 06:47 pm
 Quote  Reply 
My wife, 4 month old son and I recently rented a house through a property management company in Enterprise, Alabama.  We were informed that that house had been sprayed by a pest control company prior to moving in, and any c**kroaches that we saw were due to them dying off and trying to escape.  The next night, the roaches started coming out of the woodwork.  We killed hundreds of them, and they just kept coming.  We took video and brought it to the management company to complain. 

To make a long story short, after 3 days, we were informed that these c**kroaches were German c**kroaches, and the house was likely infested.  In order to properly exterminate the roaches, we would have to move out.  We found a much nicer house to move into which is managed by the same company.  We were refunded our security deposit and rent for the infested house, but incurred an additional $500 in moving expenses to have a moving company come and ship us across town.

The management company is refusing to pay for our relocation costs, saying that they will only reimburse us if we can find a law that says they have to.  Now, we moved into the first house in good faith after being ensured that the home was habitable.  It obviously was not.

Short of getting a lawyer and taking the management company to court, which I would prefer not to do, what can we do?  Does anybody out there know of a law or statute in Alabama that would get us our moving costs back?

Any Help would be greatly appreciated.


 Current time is 06:43 pm



                         
 
 
This site Copyright © 2003 by US Landlord. All rights reserved.