Is a tenant legally allowd breach a lease because of small black ants? Declaring this as a health problem.
The ants enter the building and seek out any food to eat in trails of the hundreds.
Thereby the lease agreement becomes obsoleete and tenant can move out at any time without paying the rent (whilst the agentcy finds another tenant) as stated in the lease and advertisements to find another tenant?
Agentcy has been officially notified that the ants are a problem and have been requsted to remove with proffessional treatment, as common ant rid methods do not work., agentcy simply does not and has not done anything about it for one month.
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Interested in Joint Venture Reno ProjectsYou could turn it back on the tennants.
If the IP was clean and tidy there would be nothing for the ants to eat and they would go elsewhere to find food.
If you have had the pest controlers in and had the IP sprayed, there should be no reason for the ants to be there unless the tennants are grots.
Just my opinion.CATA
Asset Protection Specialist
[email protected]It was during the property managers routine inspection of the IP that the ant problem was demonstrated; the place was spotless.
The agents sent an inspection report to the tennants in a letter at the time clearly stating that the property was kept in good condition.
A report was lodged with the agentcy at that same inspection time, to request the treatment of the ants.
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Interested in Joint Venture Reno ProjectsWe rented our latest IP in January and within the first week or so our tenants reported (self managed by us) a black ant problem. We got our trusty pest man to treat them (the ants, not the tenants).
House was spotless but when we renovated we noticed tiny black ants in the new bathroom. Once they put food in the cupboards the ants found it in their thousands So they don’t have to be grots to have ants.
If your manager has not done anything about it, either organise something yourself, or keep ringing them until they get the idea. Maybe email them that if they don’t act on your instructions, they are up for any lost rent caused by their lack of action.
Wylie.
Hi Jaffasoft,
I had this little black ant problem in a property of mine too. I got it treated once and the ants just came back.
The second time I got the property manager to use a different pest control company and they ended up fixing the problem and the ants have not returned since.
It doesn’t sound like a legitimate reason to me to break a lease. Especailly if the problem can be solved quite easily.
You could try sending your tenants this link http://www.mortein.com.au/product_ants.html
Todd Burns
http://www.freepropertyhelp.com.aucheck with the relevant authorities, in SA ants are the tenant’s problem and they can not use it to breach a lease agreement. Normal penalties due to breach apply if they do.
Some pests ie termites and cockroaches are the landlords problem and must be remedied by the landlord.
We buy properties in Adelaide. No Agent Fees.
[email protected]
INCREASE THE CASH FLOW FROM YOUR INVESTMENT PROPERTIES!
http://www.renttoownau.com/ http://www.vendorfinanceau.com/I agree with Dr. X, but i would firstly be cross with your property manager. You said they had recieved a report, im assuming from the tenants about the ant problem. Why didnt they fix it when they found out about it? We are talking about SA’s laws here, so check with your state, you can find the res. tenancies act on the net, but they would be fairly similar.
If they did not fix it as soon as they found out about it, you can go after them for lost rent. It may not be worth it though, depending on the amount of rent lost, so you would be better off complaining to the principal about it, and getting out of the management agreement, and finding a new property manager if they have done the wrong thing!
If however, they have attempted to fix it, i would be chasing the tenant, because if you had a fixed lease, they must give a notice stating of your breach to the lease, if there was one. Thats just my personal opinion anyway.Just my opinion but i wouldn’t think the tenants could breach this lease for this fact alone..I would definetly have words with the PM as well though about any costs incurred or loss of revenue(speak to the Principal)
“Money is a currency, like electricity and it requires momentum to make it Effective”
Count The Currency With This Online Positive Cashflow CalculatorThe PM is at fault for not advising you earlier and for not acting within a reasonable time. [angry2]
Suggest you instruct PM to act quickly to remedy the situation by having pest control fix the problem. Probably only cost $100 – $150, which is less than the cost of replacing the tenants.
Doesn’t sound like tenants would be successful in gaining a Tribunal termination of the lease for this problem provided PM acts quickly now. The inspection reports support the tenants to some degree, but one inspection does not support a long period, and ants can be sprayed daily and the tenants would have to provide a lot of supporting documentation over an extended period to secure a termination just for ants.
What action have the tenants been taking to discourage the ants ?
Have ants suddenly taken a liking to surface spray ?
If the tenants depart, then to whatever extent the PM’s delay contributed to the problem, that’s the extent the PM should give you relief from re-let fees, so they pay for their mistakes. [biggrin]
cheers
thecrestthecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Just a quick note here: In Queensland and I would think everywhere else as well the Pest Controllers are not able to use insecticides which are as strong as you can buy in the shops due to workplace health and safety laws. Try them first but if the situation persists work it oyurself in conjunction with them. Set baits and spray. Ask if they have gotten into the ceiling and sprayed up there and in the wall cavities where ants love to nest? If not they should as this is the likely source of your issue.
As for the tenants breaching the lease as a result of ants? You’re kidding aren’t you? Tell them to pull their heads in change agencies to one who will call when there is an issue and if the tenants know you’re on their side they should stay around. The biggest problem is PM’s recommend cheap solutions Landlords follow this advice the Tenants don’t see value for thier rental money and as a result they get the <edited>s and move to another property.
Show your tenants you are genuine about fixing the problem and work with them and the NEW PM to resolve the issue. You will probably find there is more of an issue than just the ants. I personally write to my tenants twice a year asking them if there are any outstanding maintenance issues they have asked to have fixed which haven’t been yet. Works a treat.
Ps: to do that last one get a P.O. Box…..
Stuart Milne
Non-Conforming Specialist
READY Mortgages
http://www.readymortgages.com.au
[email protected]
Mob: 0404 056 055
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