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Question Details: We've just discovered that our flat as well as the flat underneath us is infested with rats, mice and the like. Our landlord says it's not his problem - he says that since we live in the house we must have attracted them somehow and we have to pay to get them removed, but we reckon they've been there since before we moved in. What can we do?
Filed under Tenancy | 2443 View(s)
Community Law Wellington & Hutt Valley
You may be able to get your landlord to pay for an exterminator. By law it depends on whether you caused the infestation or not. That can be difficult to prove, but with the support of the downstairs tenants, you might be able to get your landlord to pay.
By law, the landlord is responsible for making sure your flat is in a reasonably clean state when you move in, and for keeping the flat in a reasonable state of repair. By not getting rid of the rodents before you moved in, your landlord could be failing to meet his obligations. However, you are also under a legal obligation to keep the flat reasonably clean and tidy. So if the rodents have been attracted by your bad housekeeping, you could be responsible for getting rid of them.
If you reasonably believe that the rodent infestation has been an issue since before your tenancy began we suggest you tell your landlord this, and point out his duties as a landlord. If you and the downstairs tenants write him a letter together and then both send it to him you might be more likely to get his prompt cooperation.
If he still refuses to deal with the rats, there is a dispute resolution process for you to follow. The process is:
- a fourteen day notice to your landlord (there’s a link to a template on this page: www.dbh.govt.nz)
- then mediation with the Department of Building and Housing (more info here: www.dbh.govt.nz)
- then a trip to the Tenancy Tribunal if you still can’t agree (more info here: www.dbh.govt.nz)
If you need help with any of this, call 0800 TENANCY or your local Community Law Centre: www.communitylaw.org.nz
Answered 11 Jun 2012. The IMPORTANT NOTICE below is part of this answer.
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