Mouse infestation! Who pays for my damaged items? (Austin: apartments, renters)

[boomer123]

We have been having mouse problems in out apartment for over 2 months now. We have mouse poop all behind the fridge, microwave and all in our closets. The mice have ruined 3 of our suitcases and an army issued backpack. Our renters insurance said they don't cover rodent damage and we don't have money to replace them. Our apartments have been very uncooperative and told us they would come clean out apartment a month ago and never have. Are they liable to pay for our damaged items? And can we get out of our lease with out having to pay a penalty fee?

[turkeytrot]

What does your lease agreement say about rodent damage?

[boomer123]

there is nothing about rodent damage on the lease

[CptnRn]

Austin Tenants’ Council/The Myths of Renting in Texas

Myth: The landlord is responsible for repair or replacement of the tenant’s belongings in the event of damage by water, fire, smoke, tornado, etc.
Truth: Unless the landlord can be proven negligent in the situation or the lease says otherwise, the landlord is not responsible for costs related to repair or replacement of damaged items. Tenants may want to purchase renters’ insurance for personal belongings.

Myth: A tenant can move out if the landlord fails to meet one or more obligations outlined in the lease.
Truth: Generally, the lease remains in force and the tenant continues to be liable under the terms of the lease agreement until a court rules otherwise.

Myth: A tenant may withhold rent if the landlord fails to make repairs.
Truth: A tenant’s withholding of rent is seen as retaliation, and the tenant risks eviction and may forfeit certain rights under the law.

Myth: A tenant may simply break the lease without liability if the landlord fails to make any repair within the time specified in the lease.
Truth: State law outlines specific procedures that must be followed by a tenant requesting repairs before the tenant is able to terminate a lease for the landlord’s failure to make the repairs. Failure to follow these procedures may result in the tenant being liable to the landlord for damages.

http://www.housing-rights.org/brochures.html


These people can probably help you understand what the landlords obligation is in regard to cleaning up after the rodents.

http://www.ci.austin.tx.us/health/commercial_pests.htm

Pests - Rodent and Vector Program
Rodent Control

Rodents, particularly rats, are responsible for substantial property damage. Even more important, they may transmit diseases that could affect public health, such as Murine typhus, plague, salmonellosis, trichinosis, leptospirosis, and rate-bite fever. The program only assists individual property owners.

Reporting
To report a rodent problem, call the rodent information line at 512-978-0370, or send an email to echu.service@ci.austin.tx.us

To report code violations that are contributing to a rodent problem, such as tall weeds/grass, junk piles, trash, or debris, call 3-1-1 or file a complaint online. The City of Austin Code Compliance office will conduct an investigation and pursue legal action if necessary to bring the property into compliance.

Tenants experiencing rodent-problems in multi-family or commercial rental property are advised to contact either the Austin Tenant's Council or the Solid Waste Services/Code Compliance Office by calling 3-1-1. Landlords are required to maintain their rentals to the minimum standards set by the Uniform Housing and Dangerous Building Codes. Rodent or insect infestations fall under this requirement.

[Poltracker]

Originally Posted by boomer123

We have been having mouse problems in out apartment for over 2 months now. We have mouse poop all behind the fridge, microwave and all in our closets. The mice have ruined 3 of our suitcases and an army issued backpack. Our renters insurance said they don't cover rodent damage and we don't have money to replace them. Our apartments have been very uncooperative and told us they would come clean out apartment a month ago and never have. Are they liable to pay for our damaged items? And can we get out of our lease with out having to pay a penalty fee?

Did you contact your LL in writing about the problem? If not, you need to send a letter CRRR and keep a copy. Mail a copy to yourself as well, CRRR not needed for this. If you want the LL to follow the rules and fix problems, you need to do it first. Doing it in writing follows the rules and signals the LL that you are serious about the problem. Google LL/Tenant laws in Texas and get familiar with your rights and responsibilities, sounds like you'll need to know them.

[boomer123]

thank you everyone! I have called board of health and not heard back yet and my renters insurance will not cover rodent damage. I have a meeting with a legal office today to see where to proceed from here!