Flea problem: whose responsible, and do I have a case?

[Zuerst]

I informed the property manager (not the owner yet) about the problem and he pretty much said it's my problem and that I need take care of it myself.

So I took a look at the lease and the relevant portions are below:

Towards the end there are some special provisions one of which says "Resident responsible for interior pest control."

Which doesn't sound good for me, however, earlier in the lease, under "Payment of Repair Costs" it states:

"(1) Repairs that Landlord will Pay Entirely:
(c) a condition that adversely affects the health or safety of an ordinary tenant which is not cause by Tenant, an occupant, a member of Tenant's family, or guest or invitee of Tenant: "

Now fleas can carry some nasty diseases and thus pose a health risk to me. Also these bites and itches started probably right around the time I moved in (about 3 weeks ago), I thought it was just mosquitoes at first since I been beaten may time while I was outside exercising. I think I've even seen/killed one the first couple days but didn't know what it was then and didn't think much about it. Now having killed 3 or 4 fleas and what seems like 100+ bites, it is fleas.

Further more, and perhaps more importantly, this problem likely existed before I moved in. I did not cause the fleas problem. I have not pets. I keep the place very sanitary. I started noticing the problem right around the time I moved in. And even though the property manager said they clean and spray the carpet, the dirty condition of the carpet makes me think otherwise (should I ask for receipt that they cleaned the carpet?).

Sounds like I have a case? (edit: as in, to ask for reimbursement for resources spent on my part, not suing)

Now I'm going to involved the landlord/property owner. Need your thoughts on what I should include or not include in my email to the owner and the property manager.

Should I also said that I went ahead the treated the carpets with flea powders because I'm not about to be a flea buffet for another week while I wait for their response and that they should compensate for the materials I bought and the amount of time I lost moving all the furniture around, applying the powder, waiting, and vacuuming the power, then restore all the furniture, not to mention the toxic chemical I might have taken up while treating the place.

Sorry for the long post, let me know what you think.

Thanks.

 

[theman1990]

I'd spend the $20 on a couple good flea bombs. Worked GREAT for me in the past...

 

[racer98]

I'd spend the $20 on a couple good flea bombs. Worked GREAT for me in the past...

+1



but overall if there is a flea problem I would work out a solution with the manger or owner of the property.

 

[drtruong]

This topic would be great for Steveny. He is the landlord of many properties. Steveny, let's have yours inputs here please.

 

[KSXNSX]

Are you asking if you can sue them or take legal action?

My advice is try to work it out amicably. Ask them nicely but firmly, and explain the situation.

You will spend more for 1 hour of a lawyers time than you would if you just hire an exterminator yourself.

 

[Cragar]

First off , I am not an attorney and most of these questions should be answered by someone familiar with the laws in your state.

Second , I do not handle bugs for a living but I do handle nuisance wildlife in homes.


As a tenant you have some rights and your landlord has some requirements to provide a safe living environment. If you had an an apartment in NYC that was infested with rats or cockroaches the landlord can be held responsible and watched over by the health dept. If the apartment was infested with vermin the health dept has the power and right to board the place up and deny a certificate of occupancy until the structure is deemed habitable for people.

How relevant this is to your current situation depends on the laws in your area. Consult an attorney.

If this occurred within a very short period of time after moving into the place you may be able to break your lease without penalty depending on the laws in your area. Consult attorney.




However , attorneys cost money and your best bet is to try to work things out. See if you can reach some type of middle ground before entering litigation. If the landlord has any sense it would be in their best interest to settle this issue quickly and cheaply or possibly face more problems due to this issue. Document every single thing you do , any item you buy or people and the times and dates you talked to them dealing with this problem . Documentation is key to any legal issues. If you can not prove something did or did not happen the courts don't even want to hear about it.

Quite frankly , trying to work things out is probably your easiest way to deal with this rather than picking a fight.

Some people to talk to :
Local board of health
Licensed pest control professional
State's attorney general -and or - housing authority - re- tenant's rights / landlord responsibility
A good attorney familiar with housing issues


Some key points to mention to landlord - tell him nicely without malice

That you are investigating your legal rights
You are documenting everything that has occurred

Then ask the landlord that you would much rather work this out than have to contact an attorney or the health board and it will be much cheaper for the both of you.



Then there is the disclaimer.....I have seen many tenants who have moved out because of mice , bats and other animals because the landlord did not give a dang. Then the landlord has to go through the hassle of finding another tenant and the costs associated with having a possible empty space before it is filled. If the problem is still not fixed as the new tenant moves in they may move out as well - I have seen that quite a bit too. Dumb thinking on the landlord's part.


One other thing - Do you have any kids ?

Courts do not like seeing children put in harm's way .........very bad karma....

 

[BD]

Since you mention you have no pets, I assume you have to fish tank either.

It happen to me a little while back, and I didn't bother to deal with the landlord because I did have a cat (my problem wasn't from my cat).

Just bomb the place and leave over night, rent your self a rug doctor and go over the carpet, you will be fine. It is not worth the hassle. If that doesn't work, than yes, you should do some thing more drastic.

Good luck.

 

[Zuerst]

I don't plan on suing or anything like that.

I just feel kind of bummed out having to deal with a problem that seems to me existed before I moved in. The $20~30 for supplies is not what really matters. What got me is the long hours and hassle due to the need to treat the place, and time really is a premium for a med student, especially after our classes were condensed even more because of hurricane Ike. Having to deal with this type of things after I spend the better of a week cleaning and salvaging whatever was left of my old place kinda blows. I'm low on resources, just hoping they could cut me some slack.

On hindsight, I should just went for some flea bombs, but I used those flea powder and vacuum later thing so I can still camp out in the kitchen without having to leave the house.

 

[Dtrigg]

Just blast your place to kill the fleas. Remember you have to do it at least twice. First time to kill the fleas. Then have to do it again to kill the eggs of the fleas that you won't get the first time because they were eggs.

 

[drtruong]

Options: 1. Don't pay the rent until they clean up your apt. 2. Move out after they kick out out

 

[tosugrad]

Swallow your pride, buy the bomb, get rid of the fleas THEN talk to the manager.

The main point is to get rid of them as they double about every other day.

 

[steveny]

Call code enforcement and tell them the situation.

Don't take care of the fleas yourself. Don't leave anything of value out when the people come to treat. Read the right to know sheet that comes with the chemical they are going to use. Wash all your cookware and eating utensils after they are done and before you use it. You will have to treat at least twice to fix the problem. The fleas will be killed first then the eggs with hatch for the next wave. You have to treat the 2nd wave before they can lay eggs or you will have to treat a 3rd time.

I would also ask other tenants in the building what the people were like who lived there before you. Did they have any animals?

Some landlords are disgusting and give the rest of us landlords a bad name. I take care of any pest or insect problems within 20 minutes of the call with the exception of fleas where the tenant has an animal and has lived in the apartment for any period of time. It's just asinine of your landlord to think that you without an animal brought fleas into the apartment because that is essentially what he is saying by not helping to take care of a situation HE put you in.

 

[Zuerst]

Thanks for the replies.

steveny,

I already applied some fleas carpet powder and vacuumed. It says some powder would stay deep inside the carpet, would that be enough left to kill the eggs? Do I still need to get the owner or the property manager to get the pest control?

And what exactly is code enforcement?

Is this who I should contact?
http://www.ceat1.org/

 

[steveny]

Thanks for the replies.

steveny,

I already applied some fleas carpet powder and vacuumed. It says some powder would stay deep inside the carpet, would that be enough left to kill the eggs? Do I still need to get the owner or the property manager to get the pest control?

has it killed the fleas?

 

[Zuerst]

has it killed the fleas?

It seems like it, at least for the time being. The cold front and relatively dryer weather probably helps too. But I just treated the carpet this past couple of days so I can't be sure.

 

[steveny]

It seems like it, at least for the time being. The cold front and relatively dryer weather probably helps too. But I just treated the carpet this past couple of days so I can't be sure.

give it a few days and see if the second batch hatches. If so treat that batch quickly before they lay new eggs. Be sure to flip off your landlord for me.

 

[nsxotic911]

Speaking of fleas... what's the best flea bomb solution... any suggestions?

 

[Stephen@NCAutoUSA]

Speaking of fleas... what's the best flea bomb solution... any suggestions?

Arghg fleas are the worse. I get itchy just thinking about them. Back a few years ago our cat got them in my old house. It took months to get rid of them because of our big house and stupidity not to bomb. I think we just vacumed a lot and used a crapload of some kind of spray. I also put out all over my bed room large pans that were about an inch deep and took up as much surface area as could be. Filled them with water and would wake up the next morning to see 5 or 6 of those little bastards floating dead.

Stephen

 

[Cragar]

Speaking of fleas... what's the best flea bomb solution... any suggestions?

Most of your over the counter flea bombs will work ok - Raid , Off , Ortho , Hartz etc. One thing that is very important as Steveny and Dtrigg has pointed out is you have to do a second flea bomb after the first one. This has to do a lot with the life cycle and gestation of the flea eggs. After flea bombing the first time you must vacuum very throughly and replace the vacuum bag as they will be viable flea eggs in the bag. It is best to throw the bag out into an outdoor trashcan.

If you do not flea bomb a second time the eggs left in the carpet will hatch and it will start all over again.

Make sure to read all directions on the product you are using and follow them. It is for your health and safety , plus using the product correctly to the letter will get you the best results.


Zuerst , Is this apartment part of a multipliable family units ? If so , do your neighbors at adjoining/shared walls have any pets ? Bug pests can travel from one apartment to the next through walls.

 

[Zuerst]

Most of your over the counter flea bombs will work ok - Raid , Off , Ortho , Hartz etc. One thing that is very important as Steveny and Dtrigg has pointed out is you have to do a second flea bomb after the first one. This has to do a lot with the life cycle and gestation of the flea eggs. After flea bombing the first time you must vacuum very throughly and replace the vacuum bag as they will be viable flea eggs in the bag. It is best to throw the bag out into an outdoor trashcan.

If you do not flea bomb a second time the eggs left in the carpet will hatch and it will start all over again.

Make sure to read all directions on the product you are using and follow them. It is for your health and safety , plus using the product correctly to the letter will get you the best results.


Zuerst , Is this apartment part of a multipliable family units ? If so , do your neighbors at adjoining/shared walls have any pets ? Bug pests can travel from one apartment to the next through walls.

I live in a two story house with the top and bottom floor rented out to different people. My neighbor upstairs have a dog. But don't think they're having flea problems.

I've probably damaged some lung tissues during the process of treating the carpets with flea powder. Don't know why I didn't get a mask at the time... The powder is hazardous when ingested. The container didn't say anything about respiratory hazard, but I imagine if it's not safe to eat, it's not safe to breath in... oh well, silly me.

 

[Cragar]

The people with a dog should be made aware of the problem . The dog has to go outside at one time or another and this will put the dog in close proximity to your area or areas that the previous tenants may have gone with their pets. This puts the odds of using the dog as a vector to trans locate an infestation of fleas very high. Fleas can walk up walls and walk upside down on the ceiling with ease and quickly enter the floor above.

Talk to your neighbors and if at all possible get a good close look at the dog yourself . See if it has a flea collar or ask if they have used a product like Frontline. If it does not have a flea collar or had a Frontline type product suggest to them that now would be a very good time to get one even if the dog has no fleas. If they care about the dog , it does not cost too much money to protect it so there is no reason not to do it.

Look the dog over good , some people are afraid or embarrassed to admit having a flea problem. Some pest companies use unmarked vehicles because some customers want privacy and don't want the neighbors to know.


One more question , Have you seen any problems around the house with mice , rats , squirrels , birds or any other animals invading the structure ? The reason I ask is these animals can bring the fleas to you.

Also be aware of any neighborhood feral cat colonies , this is another source of possible flea infestations if these cats frequent your yard.

 

[NeoNSX]

This topic would be great for Steveny. He is the landlord of many properties. Steveny, let's have yours inputs here please.

i was wondering where you were going with this ... like steveny suffered a flea problem, probably from the coat in his avatar.

 

[Zuerst]

Sent an email to the property manager and landlord this past Saturday night, still no response. Sad really.

Cragar, there isn't any rats or other animals that roams around the property (that I know of) that might bring fleas in. Thing is, the fleas probably already existed before I moved in.