If I’m renting a house and have to have a racoon removed from the chimney, is my landlord responsible for the cost?

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If I’m renting a house and have to have a racoon removed from the chimney, is my landlord responsible for the cost?

Asked on May 21, 2012 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The landlord would be responsible for pest removal, but to hold him or her responsible, you first need to provide notice--i.e. tell the landlord about the racoon--and then give him or her a reasonable opportunity to remove or arrange to remove the animal. If you don't provide notice and an opportunity to take care of the situation, but simply immediately hire your own exterminator or animal control contractor, you will be liable for the cost, since you voluntarily assumed this cost before giving the landlord a chance to handle matters. (If you  give the landlord notice and a reaonsable opportunity to deal with the situation but he or she doesn't, then you would typically be able to hire someone and deduct the cost from rent.)


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