thread: big mice problem in rental - whos responsibility?

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  1. #1

    Mar 2004
    Sparta
    12,662

    Probably depends on how long you have been there.
    If you have recently moved in I would think they have a responsibility to ensure the place is vermin free. After a while pest control becomes your responsibility and the landlord can take the cost of pest control from your bind if you leave an infestation behind.
    If the fence was broken when you moved in and the landlord didn't agree to fix it prior to you signing the lease then they don't have to fix it.

  2. #2
    Registered User

    May 2010
    victoria
    436

    Thanks Zazou. We've been here 3.5years haha, I'll give some pest control people a call and see what they can do.

    And the fence blew completely down about 1.5 years ago, it took him 6 months to fix it. He only re-erected the fallen, rotten fence, so since then palings keep coming off and leaving big gaps in the fence. We've tried to put them back on but the fence is so old and rotted the nails split the wood and just fall out. We have a dog, who we have permission to have and he has been on the lease since we moved in. And we've been told that the landlord wont fix the fence properly until the dog goes, and suggested we erect a new fence. And then told us its because he wants to subdivide that he wont fix it now, despite the fact we're still tenants in the meantime. We've contacted consumer affairs about it and they've told us that its not our responsibility to fix/replace it nor can they demand the dog goes or else they wont fix it, and have sent us papers to serve them with a 14 day notice to do repairs. The property manager is verrrrry difficult, even with things like leaks in the roof & mould on the walls is a huge hassle and never gets seen to.

    And we have tried moving, I've spent 3 months looking and applying at rentals but its very competitive here and I guess no one wants to take on a small growing family with an outside dog.
    Last edited by shan23; July 26th, 2013 at 10:00 AM.

  3. #3
    Registered User
    Add ~clover~ on Facebook

    Sep 2007
    travelling
    9,557

    Having a dog is the thing that would be holding you back for rentals. Its almost impossible to rent with a dog.

    As for the mice, if you were just moving/moved in it would be the land lords responsibility, but as you've been at the property a while, its now yours. Try finding the holes they are coming in & out of & block them up. The only way to keep them out is to stop them coming in. I use steel wool. They don't seem to be able to get through it. Our house has been fully renovated & we've just moved in, so haven't had any this winter, but next year I'm sure they'll be back.

  4. #4
    Registered User

    Aug 2006
    On the other side of this screen!!!
    11,129

    Yep, sorry but unless you've just moved in any pest-type "infestation" is your responsibility.

    The landlord is totally wrong about the fence. If there was a workable fence when you started renting, they have to keep it up, dog or no dog, subdivision or no subdivision. I reckon serve them the papers - and keep a blank copy of the papers so that next time they drag their heels you can get straight onto it.

  5. #5
    Registered User

    May 2010
    victoria
    436

    Thanks everyone, I thought it would be the case but I wasnt sure so I am glad I asked

    With moving I have figured it was our dog, we're applying for houses that specifically say "pets considered/outside dogs considered", but if we're up against people with no pets then of course we're going to lose out. We're waiting to hear on finance for a house & land package, so if we get that we just have to tough it out here until the house is built. If we dont get it, I have no idea what we are going to do. With all the issues, there is also not enough bedrooms for us & 2 kids. I really dont want to have to hide the dog, even though being honest is getting us nowhere. And I know people lie about pets all the time but I am not really comfortable doing that :/

    And as for blocking the holes up.... omg the whole house would have to be redone LOL! Its an old house, there are cracks & holes in the walls/roofs everywhere so it'd be near on impossible to find all their ways in. It would not pass a building inspection if it were ever sold pmsl.

    And with the fence we have been sitting on the papers for about a month but I think its time to serve them. When next door moved in a month ago (landlord also owns that house), the adjoining fence was still broken. So his handyman has tied bits of old wire fence, and a BIRD CAGE to the palings to make it "secure" so the dogs cant get through. Our back fence is also pretty bad, I've had to tie a random gate found alongside the shed over the worst bit as nothing will hold the palings in place, and have chicken wire along the rest (which is constantly falling down because the nails wont hold in the fence). The joints in the fence posts are also rotted out, the fence is barely standing. Im just not sure how to word it properly what we want done: a secure fence that isnt the old fence with bits & pieces added to it lol. Its not about the dog either, its the fact it makes the yard unsafe for my son to play in and also it makes our property unsecure. Consumer affairs have also said that if they refuse to do repairs or dont do them satisfactorily, they will then send someone out to investigate. They were so so helpful!

  6. #6
    Registered User
    Add ~clover~ on Facebook

    Sep 2007
    travelling
    9,557

    I agree & wouldn't even mention the dog as a concern. That is nothing compared to the safety of your child. That is what I'd be stressing when you talk to them. You moved into a house with a secure yard for your DS's safety & it is no longer safe for him.

    Can you look more at houses out of town? If you've got a chance of going more to the outter area's, LL are less worried about dogs, because there's generally more room to entertain them, so less digging/barking & anything else that can be a nuisance.

  7. #7
    Registered User

    Apr 2013
    Seven Oaks NSW
    18

    Hi there, if you have signed a lease, but even if its just an ongoing tenancy after 3.5 years, the landlord is responsible for ensuring the house is safe and habitable. Mice poo in your house and especially in the oven is not safe, and if you were to have a community health worker come out to your home I'm sure they would back you up. You could and have probably tried baits etc yourself but obviously if they are everywhere then THE PROPERTY (not you and your family) has an infesation. I would be giving 14 days written notice for the landlord/agent to organise pest control or after which time that has not occured, you will be organising pest control of the property and yourself billing it to them. I'm in NSW, I wouldnt be putting up with it. Might be diffrent where you are in regards to the number of days you have lived there etc.
    Sounds like the landlord/agent is just being plain lazy, it really gets my goat up lol