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Ratings. Guidance. The Right Lawyer.
Can my tenants break their lease if I can't get rid of the mice?
Philadelphia, PA
Viewed 94 times.
Posted 8 months ago in Landlord / Tenant
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My tenants have been in my 90 year old Philly row home since 12/15/08. We have a signed a 2 year lease. In January they complained of mice so I had an exterminator go over and seal holes, set traps, etc. Now 2 months later they call and say the mice are back and getting worse. I am sending the exterminator back immediately and will do everything I can to solve the problem. My worry is my tenants will want to break the lease and move out if they see another mouse. Can they do this? Can I at least retain their security deposit if they do?
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Answers (1)
Harper J. Dimmerman
This attorney is licensed in Pennsylvania and 1 other state.
Posted 8 months ago.
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The reality is that in the cold, mice are a practical reality of living in town. However, the degree of infestation can certainly impact habitability. The good news is that you're remediating the problem. The bad news is that if I were representing the tenants, I would seek a rate concession until the problem is resolved. This next exterminator report will be important because it will either confirm or deny the veracity of the renters' claims. They might have a basis to break the lease because of infestation issues. As for the deposit, this goes to damages beyond the usual wear and tear. If they have damaged the property, you will have the right to itemize and deduct. if not, the deposit belongs to them.
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