NationalEvictions Blog – Learn Through Industry Articles about Legal Services, Laws and the Eviction Process.

President Biden Extended the Eviction Ban Through March 2021. Here’s How You Can Get Protection

President Biden Extended the Eviction Ban Through March 2021. Here’s How You Can Get Protection

  • Posted: Jan 25, 2021
  • By:
  • Comments: Comments Off on President Biden Extended the Eviction Ban Through March 2021. Here’s How You Can Get Protection

President Biden Extended the Eviction Ban Through March 2021. Here’s How You Can Get Protection

This time it gives me hope, It reads LL’s will get paid in hand not the Tenants hand!

To mitigate the harm of the COVID-19 pandemic, President Joe Biden signed 17 executive orders hours after being inaugurated — one of which is intended to protect renters.

President Biden directed the Centers for Disease Control and Prevention (CDC) to extend the nationwide ban on evictions through March 2021. The executive order also extends the foreclosure moratorium on government-backed mortgages, including those backed by the USDA, VA, and HUD. It also allows homeowners to apply for mortgage forbearance if they need it.

Enacted in September, the federal eviction moratorium, along with those offered by state and local governments, have offered relief to millions of Americans struggling to pay rent amid record unemployment.

Housing advocates have greeted the announcement with cautious optimism. “It’s important to remember the original reason for the moratorium was the public health imperative of stopping the spread of COVID-19,” says Bob Palmer, policy director at Housing Action Illinois. “It just isn’t safe to be evicting people when they have no place to go.”

read the full article in the link below

President Biden Extended the Eviction Ban Through March 2021. Here’s How You Can Get Protection

Tags: , ,
The eviction moratorium has ended, but another one kicks in. Here’s what it means by NationalEvictions

The eviction moratorium has ended, but another one kicks in. Here’s what it means by NationalEvictions

  • Posted: Jan 01, 2021
  • By:
  • Comments: 0

The eviction moratorium has ended, but another one kicks in. Here’s what it means

 

One national ban on evictions came to an end Thursday, but another moratorium is ready to take its place Friday.

The Centers for Disease Control and Prevention issued a moratorium Sept. 4 on all evictions and foreclosures around the U.S., citing health risks and the possibility of further spread of the COVID-19 virus because of homelessness.

The CDC moratorium expired at 11:59 p.m. Dec. 31.

In its place comes another eviction moratorium, part of the $900 billion bipartisan stimulus package passed by Congress and signed by President Donald Trump on Dec. 27. The 5,600-page bill allocates $25 billion in rental relief funds for renters and landlords. The bill stretches the eviction moratorium until Jan. 31. The money will be sent to states to distribute.

According to the National Low Income Housing Coalition, Florida will receive $1.43 billion in rent relief funds. The money is earmarked for households making 80% or less of the area’s median income. (In Miami-Dade, a household of four people would need to earn $73,210 or less to qualify. A household of one person would need to earn $51,200 or less.)

 

The funds come as a relief for the “mom and pop” landlords — individual investors — who own 41% of the total 48.2 million rental units in the U.S., according to the U.S. Department of Housing and Urban Development.

“My initial read of the legislation is that landlords will [also] be able to apply on behalf of landlords,” said Jilliene Helman, CEO and founder of RealtyMogul, the online crowdfunding marketplace for real estate, with a $2.3 billion portfolio of 15,000 multifamily units. In the previous stimulus package, tenants had to apply for financial assistance themselves and obtain a W-9 form from their landlords.

“We’ve been working with our tenants to come up with payment plans and keep people with their homes,” Helman said. “That’s one thing landlords can do. There are a lot of programs with rental assistance and we’ve struggled with our tenants to apply for them. The fact that landlords can now apply for them is really fantastic.”

 

Miami-Dade has had trouble distributing the $474 million in federal CARES Act relief funds approved earlier this year. The act was passed in March to provide direct economic assistance for homeowners and small businesses impacted by the pandemic.

But as of Dec. 30, the deadline for applications, the county was still scrambling to get the money out to renters, small business owners and families in need. The application process is now closed.

The new bill gives the county another year to distribute the COVID relief funds, through direct relief programs or disbursing money to municipalities. The mechanism to distribute that money has not yet been established.

 

High risk of eviction

According to a new study byAdvisorSmith, an insurance analytics firm, Floridians have the second highest rate of eviction risk in the country, with 15.6% of renters behind on rent payments. The study uses data from the U.S. Census Bureau.

An estimated 452,928 households in Miami-Dade are renter occupied, according to the Census.

According to the Miami-Dade Clerk of Courts, a total of 4,535 evictions have been filed in the county from Sept. 1 to Dec. 22. A total of 1,890 Writs of Possession — the final judgment in the eviction process which allows the landlord to seize their property and physically remove the tenant — were issued between March 13 and Dec. 22.

Nearly all the Writs of Possession are for tenants who simply stopped paying their rent and refuse to leave the property.

But because the Miami-Dade Police Department, the only legal authority that can serve a Writ of Possession, still has a moratorium on carrying out evictions filed after March 13, none of the Writs have been served.

Helman, who estimates the loss in unpaid rent in the U.S. at $70 billion, said that cities will be able to maintain a moratorium on eviction proceedings as long as they want.

“Los Angeles is talking about December 2021 before they resume evictions,” she said.

 

Talk to your landlord

In the meantime, some landlords are working things out with their tenants, through payment plans or forgiving late rents in exchange for making improvements on the property.

Bob Powers owns a four-unit apartment building on 66th Street and Biscayne Boulevard. Because he lives in one of the units, the property is homestead exempted, which cuts him a break on property taxes. But it also bars him from receiving federal aid to cover his unpaid rents, which run from $1,000-$1,400 per month.

“Could I have lied and gotten relief? Yes,” Powers said. “But I wasn’t about to do that. You can murder people in the U.S. and get away with it, but don’t mess with the IRS. They got Al Capone that way and they’re going to get the president that way.”

Armando Alfonso, a Miami attorney who represents both landlords and tenants, said the number of evictions he has processed has gone from eight in May to just one. He said that’s a sign that landlords are continuing to work out payment plans with their renters, but that type of arrangement won’t last forever.

“The solution has to come from the federal level,” he said. ”You draft something halting evictions and recommend the states adopt this. Private property is handled on a state level. But you also want to do something for the landlords where there’s a moratorium on mortgages. You have a moratorium on property taxes owed. You have to issue a moratorium on utilities.

“The government is recognizing the problem that we can’t evict these people, but we have to do something to help the landlords, too,” he said. “How do we help these mom-and-pops so they don’t get foreclosed on? No one is going to win when the bank forecloses on all these homes.”

 

 

Tags: ,
Who’s responsible for pest control? Is it the landlord, or the tenant?

Who’s responsible for pest control? Is it the landlord, or the tenant?

  • Posted: Oct 29, 2020
  • By:
  • Comments: Comments Off on Who’s responsible for pest control? Is it the landlord, or the tenant?

Who’s responsible for pest control? Is it the landlord, or the tenant?

A pest infestation can really wreak havoc on your life. Not only can pests damage your home and garden, but they can also be a serious health hazard. It’s always in your best interest to get rid of any infestation as quickly as possible.

The laws around this pest control responsibility vary widely by state. We did the legwork of running down all of the relevant laws we could find for all 50 states and compiled them into this article. We’ll cover some general information you should be aware of regarding the law, what the law says in your state, and what options you have as a tenant if your landlord is refusing to provide pest control services.

 

General Overview of Pest Control Responsibility

Who is responsible for pest control costs can depend on what the pest is and how it got into the dwelling.

Tenants are often responsible for pests that come in as a result of their actions. For example, if you get ants because your apartment is a mess with food spillage all over, you’ll likely be on the hook for extermination costs for your unit and possibly the entire building.

On the other hand, things like seasonal pest control that needs to be done every year, or treatment for pests like mice, rats, and termites, that may infest through no fault of the tenant.

It’s usually impossible to determine the origin of an infestation with great certainty. If you’re being told you caused the infestation, I would recommend talking to a lawyer and never admitting to causing an infestation to keep yourself off the hook.

 

Warranty of Habitability

In almost every state, landlords must maintain a certain standard of living in their properties. This doesn’t mean the place will be fancy (or even nice), but it must be “habitable”. This called a warranty of habitability.

It is an implied agreement that basically says “you’re renting this property to live in, therefore, it’s obvious that the property should be in a livable condition”. Each state may have its own written warranty of habitability, but unfortunately, they usually don’t explicitly talk about pests.

Sometimes a State will have other laws on the books giving more clarity around pest control. If not, you’re in a bit of a legal grey area but you can usually fall back on a warranty of habitability which suggests the landlord should remedy the situation.

 

In general, it’s the landlord’s job to make sure the building is up to code and habitable. If you do report a pest issue, your landlord is required to check with other tenants in the building in case the pests spread.

It’s then up to the landlord to identify and remove the pest. In some cases, the landlord may try some DIY pest removal strategies. This is usually legal but some states may demand a professional service is hired.

Landlords are also responsible for some aspects of pest prevention, like seasonal pest control (when applicable), maintaining cleanliness in any common areas, or fixing pest-attracting water leaks. Some laws also require landlords to educate their tenants on pest prevention through direct education or informative handouts. This is important since tenants are the ones in the building every day.

 

Responsibility by State

Alabama

Alabama law explicitly states that landlords must “comply with the requirements of applicable building and housing codes materially affecting health and safety; make all repairs and do whatever is necessary to put and keep the premises in a habitable condition.”

This means that most pest control issues fall on the landlord. However, the tenant portion of the law also states that tenants must keep their part of the property clean, so in obvious cases of pests caused by uncleanliness, tenants may be held accountable.

Alaska

According to the Alaska Landlord and Tenant Act, most pest control projects fall under “property maintenance duties.” They specify that landlords must provide: “extermination service if roaches, rats, mice or other pests infest the building, apartment or property.”

This is good news for renters, since it means that in most cases, landlords will be responsible for the removal of the pests, even if they infest the property after you move in.

Arizona

The Arizona Residential Landlord and Tenant Act is a bit unclear on the responsibilities for pest control. Vermin is on the list of conditions the law deems as affecting health and safety within the home. This places responsibility for these infestations on the landlord under the warranty of habitability.

However, the only mention of insect pests is bed bugs. In this case, the law requires the landlord to disclose any bedbug infestation and not enter into a lease agreement on a property with a known infestation. They must also educate their tenants on signs of bed bug infestation. However, there is no clear assignment of responsibility for infestations that occur after moving in.

Arkansas

The law in Arkansas has little to say about pest control. Arkansas is the only state that does not have a warranty of habitability. The law also states, “When you rent a house or apartment, you usually agree to take it ‘as is.’ This means that the landlord is not required to provide additional maintenance to the dwelling.”

This law causes a lot of issues for renters in Arkansas getting stuck with the bill for pests like bedbugs, which are almost always the landlord’s responsibilities in other states. If you are preparing to rent in Arkansas, be aware of this and make sure that the terms of pest control are clear in the lease.

California

The situation in California is good for renters. According to the California Guide for Tenants, landlords are responsible for maintaining a warranty of habitability, which covers both seasonal pest treatments and handling of infestations.

However, the law also lays out a standard series of tenant responsibilities that include maintaining cleanliness. So a tenant can be held responsible for pest control treatments if they failed to do this and it caused an infestation.

Colorado

The warranty of habitability in Colorado specifically states that a dwelling can be declared uninhabitable if it is lacking “appropriate extermination in response to the infestation of rodents or vermin throughout a residential premise.” This means pest control falls on the landlord unless the infestation is caused by the tenant.

The only insect pest with specific legislation is bed bugs. In this case, tenants must immediately notify their landlord, who then has 96 days to respond to the problem.

Connecticut

Connecticut has in place an implied warranty of habitability, so the law here works similarly to other states with such a warranty. Landlords are explicitly required to provide “extermination service if the apartment is infested with pests or rodents.”

However, tenants are required to keep their apartment clean, so there is some ambiguity if the tenant causes the infestation. Be aware of this when going into a lease in Connecticut.

Delaware

Delaware doesn’t mention pests in their Residential Landlord-Tenant Code. The state has an implied warranty of habitability, requiring landlords to “keep in a clean and sanitary condition all common areas of the buildings, grounds, facilities and appurtenances thereto which are maintained by the landlord; Make all repairs and arrangements necessary to put and keep the rental unit and the appurtenances thereto in as good a condition as they were, or ought by law or agreement to have been, at the commencement of the tenancy”

The law also protects tenants withholding rent in the appropriate circumstances. However, this does not apply in cases where the tenant causes the damage.

Florida

Florida has clear laws on pest control responsibility (more clear than most other states). Included on the list of landlord responsibilities is “The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent.”

That last part means that you won’t ever be paying rent on a building you can’t live in, but the landlord doesn’t have to pay for your hotel either. This can be tough if you don’t have family or friends close by, but it’s better than being stuck with the whole bill.

Georgia

There are no clear laws around pest control in Georgia. There is an implied warranty of habitability in place, but no specific legislation for pests. This includes those that are usually not caused by tenant actions like bed bugs).

This means it is extra important to check your lease every time you are ready to rent. In cases that don’t directly influence the health and safety of the home, landlords have no explicit legal responsibility in Georgia. Keep this in mind to avoid ending up with a hefty pest control bill.

Hawaii

The policies for Hawaii are unclear as far as pest control goes. While landlords are required to maintain habitable conditions, including cases of emergency repair, there is no specific mention of pest control or extermination Hawaii law.

In cases like this where the laws are unclear, it’s especially important to check the lease. The lease will often lay out certain terms for pest control, and if they don’t that’s a red flag.

One property management company in Hawaii only holds landlords responsible for pest control if the infestation is found within 10 days of move-in. Otherwise, they blame the tenant.

Idaho

Idaho law specifically indicates “insect infestations” on the list of issues a landlord must address under the warranty of habitability. As in other states, it is important to follow proper procedure when reporting these infestations. In Idaho, you need to provide the landlord with a written list of issues, then give them three days to begin addressing the problem before pursuing a lawsuit.

Illinois

Illinois has an explicit policy on pest control. That policy is that pest control is the landlord’s responsibility, but “if you are identified as the cause of the infestation, the landlord might refuse to exterminate or may charge you for extermination.”

While the above policy is for the whole state of Illinois, Chicago also passed a law about bed bugs. This is because bed bugs spread rapidly and so they can quickly become a problem for whole buildings and complexes in densely-populated cities.

Luckily for tenants, the law holds landlords financially responsible for clearing the infestation, as well as educating tenants about the prevention of bed bugs. However, there are some conditions. Tenants have to notify their landlords within 5 days of seeing the first bed bug, and must also comply with some basic prevention policies like bagging up belongings and making appropriate preparations for inspections and treatments.

Indiana

There’s no clean-cut allocation of responsibility under Indiana law. There is an implied warranty of habitability, and the law states that landlords are responsible for keeping common areas clean and doing necessary repairs. It also states that tenants are responsible for keeping their own apartments clean.

So the nitty-gritty of who pays for pest control is, like in other states with ambiguous laws, ultimately down to the lease. Make sure to review it carefully and look for any loopholes that could leave you with an expensive pest control bill if you get an infestation.

Iowa

Iowa has an explicit warranty of habitability, which is good news for tenants since it means that many pest control issues fall under that. However, the warranty doesn’t specifically mention insects or vermin, so they may not always be the landlord’s responsibility. Particularly if the infestation occurs some time after moving in.

As in any state where the responsibilities are ambiguous, check your lease. A warranty of habitability has room for interpretation. Don’t assume you are protected in every circumstance.

Kansas

At the state level, Kansas law doesn’t get involved at all in issues of pest control. They leave it up to individual cities, so check the laws where you are planning on renting.

The Kansas Tenant Handbook uses Topeka as an example of common rules of responsibility regarding pest control. In Topeka, landlords must make sure properties are pest-free before renting, but beyond that, it’s the tenant’s problem. Be careful if you’re planning to move to Kansas, because other cities may have similar laws.

Kentucky

Kentucky has a warranty of habitability that states that a landlord must “comply with the requirements of applicable building and housing codes materially affecting health and safety; make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”

This puts implied legal responsibility on the landlord for pest control issues, since these affect health and habitability. But as always, check your lease and any city laws to avoid getting cheated.

Louisiana

Louisiana laws are unclear as far as pest control responsibility. The closest the state comes to mentioning it is in their guide to preventing and treating for bed bugs for tenants and landlords.

The guide is a good resource on pest control, but not great on the law. They do suggest that landlords hire professionals to get rid of infestations and that tenants report problems to their landlord, so the implication there is that, at least for bed bugs, landlords are usually responsible for pest control in Louisiana.

Maine

Maine has explicit laws for bed bugs. Landlords cannot rent properties containing bed bugs and must remove the pests if they appear. Meanwhile, tenants are obligated to report any bed bug infestation in a timely fashion.

While the rules don’t explicitly extend to other pests, the laws around bed bugs are a good sign. Plus bed bugs are some of the worst pests to get rid of anyway, so it’s good they are protected under law.

Maryland

According to Maryland law firm Whitney, LLP, “Maryland law requires residential apartments to be free of all insect infestations, including bed bugs, at the time the lease begins,” and “When landlords have a duty to fix the infestation and do not do it promptly, they are negligent.”

That said, the government website is a bit less clear on the issue, and the lawyers would have a stake in exaggerating the laws. Make sure to check your lease anyway and discuss these issues with your landlord or local housing authority.

Massachusetts

According to Massachusetts Law Updates (a government blog), “In Massachusetts, landlords are responsible for eradicating insects” in accordance with local health codes. This is good news for tenants since it puts pest control responsibility explicitly in the hands of the landlord in most situations.

Michigan

Michigan law doesn’t mention insect pests specifically, however, according to a government-issued manual on bed bugs, “Owners are responsible for keeping the entire building free from vermin. Tenants are responsible for the cleanliness of those parts of the premises that they occupy and control.”

So it sounds like it works the way it does in many states: landlords handle most pest issues, but are not responsible for tenant-caused infestations.

Minnesota

Minnesota law does not explicitly mention pest control, but there is an implied warranty of habitability. More specifically, the law states that landlords must ensure “that the premises and all common areas are fit for the use intended by the parties,” and they must “keep the premises in reasonable repair during the term of the lease or license, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant.”

So in Minnesota, it’s implied that pest control is the landlord’s responsibility, because this would fall under being fit for use. But since it is not explicit, make sure to check your lease and discuss it with your landlord.

Mississippi

Mississippi is a bit of a mystery. We didn’t find any solid government sources for information about pest control responsibility for tenants and landlords.

There is information available from the Mississippi Bar about general responsibilities for tenants and landlords, but these don’t really extend beyond common sense. So make sure you clarify these points with your landlord before signing any lease agreement.

Missouri

Missouri is another state where you might want to check your lease rather than relying on the law to help you. The responsibilities laid out in Missouri’s-Landlord Tenant Law don’t really refer to pest control.

However, there is an implied warranty of habitability, and tenants are responsible for maintaining cleanliness of their dwellings, so varies by case based on the source of the pest. When in doubt, make sure to get everything in writing in your lease so there are no surprises.

Montana

According to Montana Law Help, landlords do not have an obligation to inform tenants of a history of bed bugs in the apartment. However, they are required to exterminate them if you find them.

The exception is if the bed bugs can be proven to be caused by the tenant or one of their guests, which is all but impossible when the infestation spreads to multiple dwellings in a building. The law does not explicitly apply to other pests, but these fall under an implied warranty of habitability, so prospects look good for Montana renters.

Nebraska

Nebraska has no pest control laws on the books, but properties in the state are protected under an implied warranty of habitability. The Landlord and Tenant Handbook from Legal Aid of Nebraska states that you may even be able to move out of your apartment without consequence if you notice problems early enough.

However, they also advise to go through your lease carefully. This is important in any state (and there are quite a few on this list) that is vague on its laws regarding pest control responsibility.

Nevada

In their warranty of habitability, Nevada mentions “Building, grounds, appurtenances and all other areas under the landlord’s control at the time of the commencement of the tenancy in every part clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin” as a condition of habitability.

However, this only explicitly refers to the time the tenancy begins. This means there could be some ambiguity if there is a pest infestation after the fact. In general, don’t rely on this law and make sure to look carefully through your lease.

New Hampshire

New Hampshire actually amended their tenant-landlord laws for pest control in 2013. This amendment made bed bug infestations the explicit responsibility of the landlord to deal with, as long as the tenant has notified the landlord appropriately and does not deny access to the dwelling for inspection and extermination.

However, the landlord can collect the cost of the remediation if the bed bug infestation is the fault of the tenant.

New Jersey

According to New Jersey legislation, “The owner of a multiple dwelling, with the cooperation of tenants, is in the best position to coordinate the extermination of bedbug populations in that multiple dwelling.” This puts responsibility in the hands of the landlord.

As in other states, the laws are specific to bedbugs, but may be applicable to other pests as well. As always, discuss your lease with your landlord and a lawyer if possible.

New Mexico

New Mexico has an implied warranty of habitability, requiring landlords to maintain properties in a habitable condition (and thus free from pests). However, the laws don’t mention insects explicitly.

One thing the law does mention is rent abatement. The law protects tenants withholding rent if landlords have not made necessary repairs, which makes it much enforcing the warranty of habitability a lot easier for tenants.

New York

New York’s Housing and Maintenance Code, Subchapter 2, Article 4, states that tenants have the right to a bedbug-free living environment. Landlords even have to disclose a history of bed bugs. A bed bug infestation is a serious violation and landlords have 30 days to deal with the problem.

While these laws are about bed bugs rather than pests in general, in general it shows that New York is a good state for enforcing their warranty of habitability. So while you’re unlikely to get your pest control paid for if the infestation is your fault, you should be covered in most cases.

North Carolina

North Carolina law is pretty explicit about bed bugs, but the law is not always a great deal for tenants. According to House Bill 721, landlords must hire an inspector to confirm there are no bed bugs before renting. If they fail to do so and a tenant finds bed bugs within 60 days of move in, it is the landlord’s responsibility.

Other than that, the law seems to indicate it’s up to the tenant to pay for it. It’s not clear on what happens for other pests, but bed bugs are one of the worst pest infestations, so this is not a good sign.

North Dakota

As in many states, the law in North Dakota makes no mention of pest control. However, there is an implied warranty of habitability, which states that landlords must keep buildings up to health and safety codes and make the necessary repairs to see if they aren’t.

Most pest infestations can fall under this warranty, but just in case, make sure to check your lease since the laws are not explicit in this state.

Ohio

Landlords in Ohio have to keep buildings safe and habitable under an implied warranty of habitability, as is the case in many other states. This means most pest control issues should be the landlord’s responsibility.

This is not true if it’s the tenant’s fault. In fact, Ohio takes this one step further and allows landlords to repossess apartments if there is a violation of a health code that is “primarily caused by any act or lack of reasonable care by the tenant, or by any other person in the tenant’s household, or by anyone on the premises with the consent of the tenant.” This could spell trouble for bad pest problems, so watch out.

Oklahoma

There are no explicit laws around pest control in the state of Oklahoma. In fact, there isn’t even a solid ruling on whether pests like bed bugs constitute a public health nuisance. So while landlords cannot rent apartments with known infestations, there’s not much legal recourse for refusing to exterminate bed bugs if the infestation is found well after moving in.

So as always, be aware of the terms of your lease. Discuss these issues with your landlord so you don’t end up with an unpleasant surprise.

Oregon

Oregon does mention “rodents and vermin” in their warranty of habitability. So it’s safe to assume that apartments must be rented pest-free and any pests that are the result of negligence by the landlord will be their responsibility.

However, the law doesn’t provide clear guidance beyond that. So, as always, make sure to look through your lease carefully and talk through the details with your landlord and a lawyer if possible, just to be on the safe side.

Pennsylvania

Pennsylvania rented dwellings are protected under an implied warranty of habitability. This means that landlords are often responsible for pest removal since pests like bed bugs make a dwelling unsafe and uninhabitable.

But because there are no explicit laws, this is another state where it’s important to make sure to get these types of issues in writing ahead of signing the lease. Even if it’s right for landlords to take responsibility, it’s harder to enforce a law that doesn’t quite exist.

Rhode Island

Rhode Island Law covers a few different possible extermination situations with different responsibilities for each. If you live in a single-dwelling unit and get a pest problem, the responsibility is shared among all occupants. However, if you live in a multi-dwelling unit and the problem only affects your section, then you are responsible. If the problem affects multiple dwellings (more than two), it is the landlord’s responsibility.

All of this is superseded by a clause that states that the responsibility for pest control falls to the landlord if the pest problem is caused by negligence by the owner. For example, if an unrepaired leak attracts rats.

South Carolina

Like some other states, South Carolina’s pest control laws are focused on bed bugs, but it can be reasonably inferred that they’d apply elsewhere too.

The law puts the responsibility on the landlord if the pest problem was present in the home before renting and not disclosed. However, the responsibility is the tenant’s if the infestation proves their fault. This is a bit difficult to prove with bed bugs, especially since they spread through buildings quickly, so hopefully this will favor the tenants in many cases.

South Dakota

Not much specific legislation on pest control in South Dakota. There is an implied warranty of habitability, which should cover insect infestations. Like many other states, this excludes situations that are the tenant’s fault.

One interesting rule in South Dakota is that landlords can hold tenants responsible for repairs in exchange for rent. The allowable monetary value of the repair is not clear, though. So watch out for this rule in case it’s possible for a landlord to hold tenants responsible for repairs or pest control that end up being more expensive than the rent.

Tennessee

Tennessee law puts part of the responsibility for pest control directly on the landlord, but it puts a limit on it. The law states, “Every multiple dwelling or rooming house shall be kept reasonably free of household vermin provided that the landlord shall not be required to carry out treatment measures more than twice per year.”

In general, this probably shakes out to the same laws as other states, where landlords handle pest control unless it’s the tenant’s fault, but watch out. The phrasing of this law may cause landlords to try to get out of treating bad pest infestations that require multiple treatments.

Texas

Texas Property Code Title 8 requires landlords to make repairs if they affect the health and habitability of the building, which would generally include insect problems. Tenants must notify the landlord in writing of the problem.

The law does not seem to specify pest control as a repair, but Texas Law Help states that landlords are required to get rid of bed bugs unless they are proven to be the tenant’s fault, presuming rent is up to date and the landlord was notified in writing. However, they do not cite the specific legislation, so take that with a grain of salt.

Utah

It is a bit difficult to get good online information on the law in Utah directly, but American Apartment Owners Association provides a pretty good summary.

In short, Utah operates under a warranty of habitability, so landlords have to keep properties safe and healthy. The site even goes on to state that landlords are responsible for “taking care of bug infestations,” but they don’t specify much further than that.

Since the legal information is a bit hard to access, make sure to check your lease and get legal advice if necessary. You should never make all of decisions entirely based on third party information (including this article).

Vermont

Vermont law requires tenants and landlords to each take responsibility depending on the origin of the infestation. The law states, “The owner of a dwelling shall be responsible for extermination of any infestation in any dwelling unit when infestation in a dwelling unit is caused by his or her failure to maintain the dwelling or infestation exists in two or more of the dwelling units in any dwelling.”

But it also states “The occupant of each dwelling unit shall maintain that part of the dwelling he or she exclusively occupies free from infestation and shall be responsible for extermination when the infestation is caused by his or her failure to maintain the dwelling unit”

So whole building problems and problems from poor building maintenance are the landlord’s problem, but if you bring pests in, it’s up to you to get rid of them.

Virginia

Like many states, Virginia does not have a law on the books for pest control responsibility. That said, there is an implied warranty of habitability, so landlords “are required to follow building and housing codes affecting health and safety, and to make all repairs needed to keep the place fit and habitable.”

So make sure to make it explicit in the lease, but in general the law is on your side. Most pests are violations of health and safety codes, so these are the landlord’s responsibility

Washington

Washington law states that landlords must, “provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single-family residence, control infestation during tenancy except where such infestation is caused by the tenant.”

So if it’s not your fault you have pests, it’s up to the landlord to get rid of them. Excellent news for tenants.

West Virginia

Pest control responsibility has been a source of controversy in recent years. Because there is no specific law on the books about pest control responsibility, other than an implied warranty of habitability, landlords have been able to get out of paying for pest control, specifically for bed bugs.

In 2017 the Attorney General wrote a letter regarding this issue declaring that the practice was deceptive and illegal. So hopefully it happens less now. However, the laws around pest control have not changed, so dishonest landlords may still be attempting to cheat their tenants like this.

Wisconsin

Wisconsin doesn’t mention pests in their legislation, but the implied responsibility is the landlord’s. The law states that all landlords must make necessary repairs in their properties and ensure their homes are up to health and safety codes. Pest infestations tend to defy these codes, so this puts pest control under that legislation.

The exception to this law is “repairs made necessary by the negligence of, or improper use of the premises by, the tenant.” So like in many other states, if you brought the pests in, you have to get rid of them. Interestingly, Wisconsin law states that landlord’s have a responsibility to remaining tenants even if one tenant causes an issue. So if you get a pest because of your neighbors’ lack of cleanliness, you are still off the hook.

Wyoming

Wyoming is another state with an implied warranty of habitability, but not much else. This means the only legal obligation landlords have towards pest control is in cases where it influences the health and safety of the building.

This can be subjective, so always look at your lease in advance and discuss pest control responsibility ahead of time so you don’t get cheated. Check the laws in your specific city as well – since there may be city legislation that offers some clarity.

 

If Your Landlord Doesn’t Fix the Problem

Unfortunately, even if the law states that it is the landlord’s responsibility to fix a certain pest problem, they may try to get out of it. Remember, a dishonest landlord doesn’t have an immediate need to get the pests out of the apartment because unlike you, they do not necessarily live in the building. This is especially true in large apartment complexes.

But this doesn’t mean there’s nothing you can do. Here are some steps you may need to consider if you’re having a pest control conflict with your landlord.

Note: this is not legal advice and you should always consult with a lawyer when in this situation.

Breaking the Lease

Remember earlier when we told you to check your lease? If the lease is on your side, you may be able to get out of it legally. Breaking a lease usually involves big legal and financial consequences. However, this is not so true if the landlord has gone back on his responsibilities.

This should generally be done only after attempting to solve the issue directly with the landlord. You can also file a formal complaint to the city or state health department. They will issue a violation to your landlord if their inspection determines that your complaint is valid. Breaking a lease this way generally involves giving your landlord written notice. You may also have to wait a certain amount of time depending on your state.

Withholding Rent

If you haven’t had to do it before, rent withholding sounds like something unethical or illegal, but it’s actually perfectly legal in the right contexts. Rent withholding was actually designed to protect vulnerable renters from abusive landlords.

However, don’t just stop paying and stay silent when you plan to do this. It’s important that you have done your homework so that what you do is legal and not cause for an eviction. You should do this only after the landlord has already had a chance to fix the problem and has failed.

Withholding rent typically means you’re setting aside your rent payments and will only release them to your landlord when they remedy the problem. This doesn’t mean you get to skip rent payments or even spend that money. You should be able to show you still have it set aside and it’s not a matter of not being able to afford to pay.

In general, you need to notify your landlord in writing if what you intend to do, which also gives them one last chance to fix the problem. Whatever you do, notify your local housing authority so they can help you. Do not make any rash decisions about rent withholding – you could end up evicted (even if it’s not your fault!).

Lawsuit

This should generally be a last resort option for handling a pest issue. Individual lawsuits are tremendously time consuming and expensive, and often don’t resolve in favor of tenants because they usually can’t afford the associated legal costs.

Where lawsuits make more sense is when the infestation affects whole buildings or complexes. In this case, a class-action lawsuit can pit you and your neighbors against the landlord. These cases more often resolve favor of the tenants or settle out of court. It’s much easier to prove that a landlord has violated a warranty of habitability when pest issues affect many people in separate apartments.

 

 

Tags: ,
NationalEvictions Directory is open for Clients to find Process Servers in their State

NationalEvictions Directory is open for Clients to find Process Servers in their State

  • Posted: Aug 10, 2020
  • By:
  • Comments: 0

When Clients that own property, manage property along with Law Firms that are looking for Service of their LawSuits and Summons to be served.  These Clients can find Process Servers in the States they need Service in.

 

Finding information for Evictions can be a run around for many Landlords as well as Tenants. We started NationalEvictions to give property owners everything they will need to first understand the Eviction Process in their State, and with this find the Forms needed to File Evictions and next When it comes time to file the evictions find Companies that are ready to aid them with everything from Filing an Eviction LawSuit to the Service of the Official Court Documents.

 

Let us point out over the many years of being Property Owners we have had to jump to three and even up to 5 different websites to find the information on how to conduct an eviction. The information was short on information but many of the websites were selling forms this angered us. When it came time for a Tenant to find out about how to defend an Eviction there were many websites that were Lawyers that offered this at a price. So for us offering this information for Free seemed logical. When you are in a position of being evicted and dont know who to talk to or a Landlord that needs to protect their investment NationalEvictions should be one place that they can Find Everything for an Eviction in the States the property is located in! < (Our Motto)

 


We are always adding services to benefit Clients: WE NOW HAVE FORMS LEARN MORE ABOUT SIGNING UP AND DOWNLOAD UNLIMITED NUMBER OF LEGAL FORMS

Download Legal Forms documents. This means you can use as many forms as you need, store them online and print them out.

 

  We partnered with USLegal Forms to offer Clients Forms, Leases, and Eviction Packages found on our website pages.

Find every form for what you need! Use our new Subscriptions and access every form from hundreds of Thousands of Forms for one low price!

FIND LANDLORD TENANT FORMS 


 

Articles written by many of the Top Industry Leaders, Learn about information in your State or read the articles in One of our Categories.

Eviction Information
Legal Articles
Landlord Information
Tenant Information
Property Maintenance
Security Deposits
Tenant Screening
More…..

Our Listed members can send us information we publish to all of our Social Media Pages and post on our Blog where we have over 20,000 Subscribers located all over the Country.

 

 

 

Becoming part of NationalEvictionNetwork and getting your company listed on our Directory adds the ability for many companies Law Firms, Process Servers, Filing Companies to be found by Clients all over the United States. when you are listed and our member remember to send us articles, company information, specials you might be running or sales for the Services you provide NationalEvictions reposts all of these on our blog pages and on our Social Media Pages.  With us you dont sit on a Directory we market you and your company to the many subscribers we already have and let new clients find you and us through the posted information.

 

Find us on Social Media

LinkedInhttps://www.linkedin.com/in/nationalevictions-com-10492b85

Google+: leave us a 5star  rating on google

Twitter: https://twitter.com/NatEvict

Facebook: https://www.facebook.com/nationalevictions

 

 

 

NationalEvictions.com

We started this to help the many Landlords, Property Owners & Investors with finding information about evictions. We added directories where clients can find: Law Firms, Process Servers, Public Notaries in the states they live in. We offer this information not excluding Tenants, there are times when tenants rights have been violated and NationalEvictions has the information to help Tenants defend and answer an eviction with information and links in the States they live in.

As Property Owners we understand the Eviction Process is complicated, We have Companies in every state that we partnered with to help Landlords with Filing Evictions. Contact us

 

NationalEvictions.com
Call us: 561-756-3540
E-Mail: nationalevictions@yahoo.com

 

Tags: , ,
St. Paul City Council unanimously passed five new renter protections…..They do not realize Property Owners are being hurt by these!

St. Paul City Council unanimously passed five new renter protections…..They do not realize Property Owners are being hurt by these!

  • Posted: Jul 22, 2020
  • By:
  • Comments: Comments Off on St. Paul City Council unanimously passed five new renter protections…..They do not realize Property Owners are being hurt by these!

The St. Paul City Council unanimously passed five new renter protections Wednesday, including capping security deposits, limiting background checks and prohibiting landlords from terminating leases without just cause, a first in the state.

Council Member Mitra Jalali connected the renter protections to the national reckoning taking place around racial inequality following the police killing of George Floyd in Minneapolis just over a month ago.

“Just as our Black neighbors experience violence in policing, they also experience the violence of displacement, of eviction, of housing discrimination,” said Council Member Mitra Jalali. “This housing agenda will insure stability for all St. Paul renters, especially the thousands of Black, brown, Asian, Latino, Indigenous and other working families of color.”

Just over half of St. Paul residents are renters, and many are struggling amid an affordable housing shortage — more than 500,000 Minnesota families pay more than one-third of their income in rent.

While much of the conversation around affordable housing centers on building more of it, housing advocates say renter protections are critical to ensuring housing stability and the benefits it confers.

Rent in St. Paul has increased more than 15% adjusted for inflation since 2000 while wages have stayed the same, according to a study by the Minnesota Housing Partnership. People of color are much more likely to be renters: 83% of Black households in St. Paul rent in compared to 41% of white households, according to the resolution.

Landlords big and small objected to the new laws  — called Stable, Accessible, Fair and Equitable (S.A.F.E.) Housing St. Paul — saying they would drive up their costs, which in turn would lead to higher rents.

St. Paul-based Real Estate Equities, which owns apartment buildings across the Midwest, sent a letter to the council voicing their concern over the just cause ordinance, saying it would “enable and protect individuals who engage in disruptive behaviors” and “fundamentally impair property managers from creating and maintaining a safe, peaceful, and well-maintained housing environment.”

The law does not prevent landlords from evicting tenants who break the terms of their leases.

The law, which takes effect on March 21, 2021, will deliver five protections: cap security deposits at one month’s rent; limit tenant screening criteria; forbid landlords from terminating leases without just cause; require landlords of affordable housing to give advance notice of sale; and require landlords to distribute a packet outlining tenants’ rights and responsibilities.

The laws largely block landlords from rejecting renters based on past criminal convictions, prior evictions or poor credit reports.

Landlords may reject renters who are registered sex offenders or who have been convicted of manufacturing or distributing drugs. Landlords may also reject tenants who have been convicted of misdemeanors within the past three years or felonies within the past 10 years, unless they are related to certain traffic offenses like driving without a license.

Renters may not be rejected because they have poor credit scores, although landlords may reject them if their credit reports show they failed to pay rent or utilities.

Landlords may not consider renters’ evictions older than three years and may not reject renters for not passing a certain income threshold, if they can show they successfully paid similar rent in the past.

The provision requiring just cause for eviction was one of the most contentious. Housing advocates say landlords retaliate against renters for things like asking for repairs or having parties by simply choosing not to renew their leases when they expire.

Under the new ordinance, landlords must renew a renter’s lease unless the renter hasn’t paid rent, is frequently late paying rent or broke significant terms of the lease. Landlords may also not renew a lease if they plan to renovate the unit or rent it out to a family member.

No other city currently has such a provision, including Minneapolis, which passed a suite of similar tenant protections that took effect in June.

The council also approved a measure mandating landlords of affordable housing — with rents affordable for people making 80% of the area-median income — notify the city and their renters of their intent to sell the property 90 days in advance. The law also stops new owners from raising the rent for 90 days after a property changes hands and requires landlords to pay for renters to relocate if they choose not to renew their leases during that time period.

We at NationalEvictions are for the Landlords!  Its not a Black White thing! Its about Tenants signing an agreement with many of us to Pay Rent each month……AND THEY ARE NOT!

Yet many of them got their covid checks and they refused to give all or part toward the rents they owe!

Many Landlords are owed 2 to 4 months of back rents and you are telling us…..WE CAN NOT EVICT THEM?  NOW EVEN IN THE FUTURE WE CAN NOT DENY THEM BECAUSE OF THERE NOT PAYING AND SOME NOW HAVE EVICTIONS ON THEIR RECORDS?

ST.PAUL AND MANY OTHER AREAS A WAR HAS BEGUN AND ITS ABOUT OUR RIGHTS! FOR MANY OF THE MOM AND POP LANDLORDS IN OUR COUNTRY………RENTS WILL NOT MATTER, THEY WONT TAKE ANY TENANTS THAT DONT OR CANT MAKE PAYMENTS TO THEM. MONTH TO MONTH LEASES NO LONG TERM OR YEARLY LEASES.

How should Landlords as rental housing providers respond to and handle the situation of Rent relating to COVID-19

Tags: , , ,