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Real Estate Forum by US Landlord > Landlord and Tenant Help > Help for Tenants > Landlord witholding Security Deposit because of fleas

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Landlord witholding Security Deposit because of fleas
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LandlordLaura
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Joined: Mon Aug 21st, 2006
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 Posted: Thu Jul 10th, 2008 05:09 pm
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Landlord Tenant Laws vary.  Read through the Landlord Tenant Laws for the State/County/City where the rental property is located to find out if/how the Landlord is legally required to notify a Tenant about the security deposit and/or any deductions made to the security deposit.

Let us know what you find out by doing some research...

heygents
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Joined: Fri Jun 27th, 2008
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 Posted: Tue Jul 8th, 2008 09:54 am
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we actually did bug bomb the place before we left but i guess it was not as effective.  we would not have any issue with paying the extermination costs and a week or two of rent but withholding our entire security deposit because of an entire's month rent seems a little excessive especially after he asked us if we could move out a few days early so he could do some work on some of the rooms.

would you agree?  what is our best course of action?

OH landlord
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Joined: Wed Sep 12th, 2007
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 Posted: Sun Jul 6th, 2008 01:25 pm
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Any exterminator who told you that he could remove ALL fleas from a unit in 3 hours is either lying or incompetent as an extermminator.  Any exterminator can tell you they can treat a unit in 3 hours, but all fleas will NOT be exterminated.  Unfortunately, fleas keep coming for several weeks.  Even if every adult flea in a house was killed, there are eggs that will hatch out again 7-10 days later.  At least one additional (if not more) treatment would be needed to eradicate all fleas from the unit.  Who would want to move into a unit, only to find fleas again next week?

The LL was not choosing to wait to exterminate.  He knows that multiple rounds of spraying are necessary to rid the infestation.  Whether you use an exterminator or big bombs and do it yourself, there still needs to be multiple treatments (at least 2 treatments)  7-10 days apart.  He cannot move someone in during this period.  (If you do not understand this, please check a website which shows you the lifecycle of fleas.)  Even products which say they kill fleas and their eggs will not kill ALL of them and a second treatment is ALWAYS necessary.  I have had to do this process many times. 

I'm afraid you left the unit uninhabitable because you did not exterminate these yourself before you left.  The LL has a good case for that with a court.  It would be unreasonable to expect someone to move in only to face fleas right after unpacking.  You are responsible for the cost of extermination of the fleas, and probably an extra 10 - 14 days of rent.  Sorry, but you should have bug bombed prior to leaving. 

Tenant1209
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Joined: Mon Jun 30th, 2008
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 Posted: Thu Jul 3rd, 2008 02:19 pm
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The landlord could have resolved that problem in less time and holding the whole security deposit is ridiculous. You could possibly owe to the landlord the amount charged to exterminate the fleas, but not the whole security amount. It was also his decision to not exterminte until 2 1/2 weeks later. But can you prove all this to a judge. Check out the web site in your state for tenant/landlord rites, it's usually very helpful.

heygents
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 Posted: Fri Jun 27th, 2008 11:39 am
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We moved out on May31st at the end of a two year lease.  The new tenant was planning on moving in on June 3rd.  Apparently the new tenant noticed some fleas when they were moving in so they told the landlord that they would only move in when the fleas were gone.  Our landlord then proceeded to not use an exterminator and drag the flea situation out for two and a half weeks and then ask the tenants if they could move in on July 1st.

After talking to several exterminators in the area they all said that they could come in on the same day called and completely eradicate the fleas and the house would be ready to move into 3 hours after they are gone.

Our landlord is now trying to keep the security deposit to make up for lost rent for the entire month of June.

Does this sound reasonable to anybody??  Need some help or suggestions here.  Thanks


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