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Home > Law > Real Estate Law   »   Bees in back yard

 
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Old Jul 24, 2007, 10:13 AM
jreenan
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Bees in back yard

We have a very young family with a 2 year old living in our rental house with a full backyard. They have called us recently because there is a newly formed bee hive in the backyard. They say they've been stung a few times and are very nervous that their 2 year old will get stung. We told them to buy some bee spray and get rid of the hive. They are under the impression that it is our responsibility to get rid of the bees. The lease states that they are in charge of maintaining the yard. Are we responsible for getting rid of bee hives? Can they sue us if the child gets stung?

They've only been in the house 3 months and have also called us to come spray because they had ants in the kitchen. We did go over there that time - but it was just normal ants. We sprayed and they were gone the next day. Were we really responsible for spraying for new ants?

Finally, they are complaining that the house is too hot in the summer. There are ceiling fans in every room and they were well aware the house did not come with an air conditioner when they signed the lease. We never promised them an air conditioner. They've called twice asking us to purchase them a $400 portable room air conditioner. We've refused. I know we aren't responsible for this.

I am hesitant to go spray for the bees because as you can see, these are very high maintenance tenants. If we jump at this like we did with the ants, they will call every month for any little thing they don't want to take care of.

And now I just found out that last months rent check bounced. When we called, they brought up the bees and the air conditioner again. They said they would look into the bounced check, but we haven't heard from them yet. I sent a letter stating they owed July's rent as well as a $25 late fee. Since August 1st is so close, I am tempted to start the eviction process on them if they haven't paid July and August's rent by August 1st. What do you think?

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Old Jul 24, 2007, 10:22 AM   #2  
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If the lease specifically states they are responsible for maintenance of the grounds, then you aren't responsible for the bees. Since they were aware that the A/C was not included you are clearly off the hook there.

I would send them a letter, certified, today, stating that if their rent is not bought up to date by Aug1 you will begin eviction proceedings.
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Old Jul 24, 2007, 10:32 AM   #3  
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Thanks Scott,

I just reread the lease and it only mentions keeping the yard clean etc.. It doesn't say that either the tenant or the landlord is specifically responsible for the yard. Although, we told them verbally they were responsible. They have access to a lawnmower and garden hose that we provided them. Are we responsible for the bee hive then?
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Old Jul 24, 2007, 10:38 AM   #4  
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This is a thorny issue. I would have to say that you are responsible. The bees represent a hazard just the same as a loose floorboard.
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Old Jul 24, 2007, 11:17 AM   #5  
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If I were you I would go ahead and take care of the hive - given the ambiguous statement on the lease agreement eliminating the bees removes a potential major headache for you. Imagine if the kid gets stung - these people are high maintenance, and I bet if their kid gets stung they'll start doing things like withholding on the rent to make up for their "pain and suffering." Better to avoid that hastle. Also, if they were to move out you will have to take care of the hive yourself anyway before you rent to the next family.

I agree with you about the lack of A/C - they don't have a case there.
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Old Jul 24, 2007, 06:32 PM   #6  
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If you are going to take care of the bees, please consider getting them moved by a professional beekeeper. Bees are in serious trouble, and are very valuable to the ecology. I'd rather see the hive relocated rather than killed.
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Old Jul 25, 2007, 05:02 AM   #7  
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We went over there last night and found out that there wasn't a bee hive. They think they are just getting into the house somehow. The tenants had sprayed around some small openings in the house the night before and they said they hadn't seen bees in the house since.

We bought them a wasp trap too - just to be sure that it looked like we were being proactive. I think that problem is solved... now we just have to wait for them to get a bank loan to pay us for July's rent - ugh!
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Old Jul 25, 2007, 05:15 AM   #8  
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Put your notice and compliant in writing to the landlord, this will help if any legal action is necessary. Verbal does not work. written notice will
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Old Jul 26, 2007, 10:28 AM   #9  
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One of the MANY reasons landlords own single family homes (SFRs) is so that many of the costs and duties of upkeep can be passed to the tenant....next time, be very specific about tenant duties in your lease documentation.

Call a pest control company to remove the bee nest and advise the tenants IN WRITING that all future pest infestation will be their responsibility.
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Old Jul 26, 2007, 10:52 AM   #10  
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start the eviction process now. they have not paid the rent and it is already the end of the month. cut your losses.
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