Are small rodents infesting your home or apartment but your landlord won't do anything about it? Well, it is possible to sue your landlord for a mice infestation, but it depends on state laws and your lease. This article will explain what to know.
Dispute can help you sue your landlord over a mice infestation in your home in just 5-10 minutes, and all from the tips of your fingers using your cell phone.
What are my rights as a tenant?
Every state has its own set of landlord-tenant laws. Many states have protected basic tenant rights that include the rights to repairs and habitable homes, among many others.
In this case, a mouse infestation can be the reason that a home is no longer habitable, and you have the right to have the problem fixed. Most landlords will take action immediately to get rid of the pests in your home, but if your landlord refuses, you can sue your landlord for a mouse infestation.
How to sue your landlord over a mice infestation
If you notice mice in your home, you can do several things to make sure it's taken care of swiftly:
Document Everything - Take the time to document everything about your situation, so you've got plenty of evidence of a mice infestation. Make sure you include the following:
- Photos of your otherwise clean home
- Photos of mice in your home
- Dates when the mice appeared
- All correspondence between you and your landlord about the mice
If you end up in a small claims court, you'll be happy you took the time to keep such detailed notes. They can often be used as evidence for your hearing!
Write a Demand Letter - Before you sue your landlord, try writing them a letter demanding that they handle the mouse infestation before a certain date. You'll want to include these details:
- Explain the problem
- Detail any damage the mice have caused
- Detail if you've tried to fix the problem yourself
- Ask that the landlord pays for pest control and any other expenses by a certain date
- Explain that you'll be withholding rent (if your state allows it) until the problem is resolved
- Sign, date, and mail your letter. Make sure you get delivery confirmation
A demand letter can be frustrating to write, and if you don't have experience writing demand letters, it can be daunting. We can help you generate and send a demand letter for $19 from your phone in just minutes using our software.
Sue Your Landlord in Small Claims Court
If you want to take your landlord to small claims court, you need to be prepared. Make sure you've got all your evidence organized and prepare to do the following:
- Contact your local court or an attorney and find out where to file your case.
- Download or obtain the appropriate paperwork from the small claims court.
- Fill it out, sign, and notarize the documents.
- Pay the court's filing fees (varies by state and size of "claimed amount).
- Return the document to court for filing.
- Wait to hear back from the court on the status of your case (approximately 2-4 weeks).
- Serve your small claims case to the other party with the help of local law enforcement or a process server.
- Attend your hearing and present your argument.
- Collect your Judgement
Small Claims forms can be difficult to navigate. We can help you generate, sign and notarize a small claim for $99 from your phone in just minutes using our software. This way the only time you need to go down to the courthouse is when it's time to have your hearing.
If you have any questions regarding suing your landlord or accessing small claims court, please get in touch with us.
Frequently Asked Questions
- Is my landlord responsible for pest control?
- It depends on your lease. If your lease has a clause stating a tenant is responsible for pest control, you’d be responsible for paying extermination fees to help rid your apartment of mice. Additionally, your state may also have laws on tenants’ rights and responsibilities when dealing with rodent infestations.
- Can I sue for damages to my health?
- Mice may pose a significant health risk to you and your household. Their feces and any parasites they harbor can cause serious diseases. Your landlord should know that mice can cause permanent damage, not only through their bodily functions but also due to chewing up drywall, insulation, and even structural framing.
- Does my state have laws that protect me?
- Every state is different when it comes to laws protecting renters. Check with your local court and a landlord-tenant lawyer for more information on local guidelines.
If you have any additional questions about suing your landlord for a mice infestation, please contact us.
