Is my landlord responsible? Lawyers?

[Shananagans]

So, I may end up having to bug bomb my apt due to bird mites that came from a birds nest in our wall. They got in through a hole in the roof outside. If I do so, I plan on wrapping the tank in saran wrap and I even bought a grill cover to put over it.

What I want to know is if I do this and have loses in the tank, can I make my manager responsible for the cost of replacement?

We told him when we noticed the issue on Sunday and that he needs to remove the nest (the source) in order for us to stand a chance in getting rid of them. He still has not done it an said maybe tomorrow. We are now finding them everywhere, not just localized like Sunday.

 

[Cadiz.Jonathan]

Landlord is responsible for any damages done by bugs if it wasn't ur fault. Is it a private house?

 

[rookie07]

I dont think landlord would be responsible for anything in your tank. Im not a lawyer, and this is a odd area, but there are way to many variables.

As far as damage to your personal property, i bet your lease requires you to have renters insurance, which im guessing covers this type of damage, so if anything your landlord is responsible for the deductible on renters insurance.

Once again, im not a lawyer, but i play one on TV (jk)......good luck



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[Shananagans]

It is a house diveded up into apartments. We have the loft on the 3rd floor.

 

[MatthewScars]

Good luck proving it. What are you going to do? have the fish dissected and tests run on it? can you PROVE that the coral died because of X chemical and not just because? Im just saying, I wouldnt bet on it dude, unless you get it in writing from him. Get EVERYTHING in writing.

There is no way you can PROVE that the bug bomb killed anything in your tank. Dont put a grill cover over it, go to home depot and get a MASSIVE plastic tarp. Then put that over it and tighten the bottom with tape or saran wrap. The more layers and tighter the seal, the better.

 

[Shananagans]

Maybe I will have him take a look at the tank, take a fish inventory and sign something (if he will).

 

[kalapnath]

Does your landlord know that you have an aquarium in your apt most landlords do not allow pets if you have a lease read it most leases state NO PETS but thats besides the point he has to provide a solution to the problem, do you have kids all the better call 311 make a report let them know that you see these mites crawling on your kids at night
they'll be there in the morning and there's nothing that the landlord can do to you ...
as for the damages and losses to the tank your on your own with that.
if you want i can give you the # of a guy that works at out manhattan building and he uses stuff that wont affect any pets be it fishes or any other pets..............

 

[LatinP]

The landlord would never admit fault and then you'd have the pleasure of trying to prove it was his fault. That alone would be nearly impossible good luck finding a judge who would even pay attention to the case. If it were a cat or dog it might happen, but coral or even fish they'd just say you have no way of proving it without going to a vet. You can't just take the coral to a vet for a check up.

 

[Shananagans]

Ya, that would be great if you could pm me his info.

We have a dog to so that would be great, I don't think it says anything about no pets... But we have been asking for a copy of our lease since we moved in last june....

Is he responsible if we have to replace stuff like our couch?

 

[LatinP]

If you have a dog/cat and it got sick as long as you can prove it (see a vet) yes that can be used as evidence and then you can try and stack the tank inhabitants on top of the damage. I would imagine if he ruined a couch or other furniture that would be a valid claim too.

 

[kalapnath]

for the couch you'd have to take him to court for that which could take mth's also you'd have to provide proof that it was damaged by the mites another thing do you have kids...........

 

[Shananagans]

No, but we do watch her 8yr old brother often (including him spending nights with us).

 

[kalapnath]

you got pm

 

[Shananagans]

Thank you sir.

 

[kalapnath]

No problem.....................

 

[TRIGGERMAN]

Sounds like your apartment is ILLEGAL hence the reason he does not want to give you a copy of your lease. Where is your original? You should never enter any type of legal agreement without thoroughly ready every aspect of it and having your own signed copy. You should know if pets are allowed and obviously if you have a dog pets are allowed. He is responsible for anything that happens on his property,the same way if someone tripped and broke their leg on his sidewalk because he didn't shovel snow. If he wants to be a dick about it you can sue him,you also legally do not have to pay him rent if it's illegal so if he wants to not help you out you can tell him to F off and thgere's nothing he can do about it. As far as your tank you can't sue or anything for loss of fish etc. I would say get the tank out all together because I wouldn't chance it. If you do decide to chance it then it's your fault no one else's. You MIGHT be ok with wrapping it up in tarp or something but definitely make sure it is air tight try a disposable painters tarp. The big clear plastic ones because they do no breathe and then maybe something else thicker like the big blue ones on top of that. Good luck

 

[TRIGGERMAN]

Google your address and check the Certificate of Occupancy. If it says it's a 1 family house then it's illegal and you have him by the balls. I'm in the same situation right now. I'm in an illegal 1-3 family conversion and my landlord knows not to F w/ me now. :biglaugh:

 

[Shananagans]

How do I check the certifcate of occupancy?

 

[Shananagans]

So, homes.com says single residence... but also sale value as $85,000.. it's a huge house.

Also the map pin points it a bit off probly by a few hundred yards.

Zillow says single family too, and $285,000, that sounds more realistic.

 

[MatthewScars]

The landlord would never admit fault and then you'd have the pleasure of trying to prove it was his fault. That alone would be nearly impossible good luck finding a judge who would even pay attention to the case. If it were a cat or dog it might happen, but coral or even fish they'd just say you have no way of proving it without going to a vet. You can't just take the coral to a vet for a check up.

It's like you read my post, then re-ordered the words!