Help OR else the boat has to be sold Another UPDATE NOW I AM MAD

SigSaurP229

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My wife and I moved into an apartment, last October. We like the apartment we like the landlord (other than his inaction) he is 76 years old. Now here is the problem we have roaches. A BAD infestation. We live in a duplex and have had two exterminators out to try and treat our unit. We have fogged sprayed pesticides used boric acid and the exterminators have baited. I basically know the problem is a sanitation issue with the next door tennants. The exterminators have baited both units. I called an exterminator to come out because I was going to have the exterminator do a professional fogging on my unit, to try and finally put an end to this problem. I got him access to the unit next door, and he said he I would be wasting my money, and that they wouldn't do it. He said that our infestation was a level 2 on a scale of 10 and the neighbor is a 10.

The exterminator said that it would cost $350 to fog both units and then it would require a 14day follow up visit at another $150 to fully get rid of the problem. The problem is I can't get the landlord to agree to pay for it. I can't force the neighbors to let an exterminator in and they can't afford to pay for half of the treatment they aren't willing to either.

I called the health department and because I live in the county they have no enforcement procedures available, and didn't even suggest or know of anyone that I could talk to about it either.

I am ticked my wife is ticked, however I just had a job changed and pretty much depleted my savings in the mean time so I am broke. I can't afford to put a security deposit down on another place to live. I can't really afford the exterminator, but can make it happen if neccessary.

I have documented every phone call, and every conversation that I have had with him about this problem. Have documented every time the extermination companies have come out and everything that they have said.

Additionally I have a 5 year old who never had a health problem before moving in here now all of a sudden it is a different cold bug flu ear infection every week.

SOOO the wife tells me I can either get this handled or sell the boat so we can afford a deposit and move. I don't want to sell my boat but I need a clean sanitary place for us to live. I need to know what I can do to get this under control. I can not allow my family or myself to live like this anymore.
 
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Kiwi Phil

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Re: Help OR else the boat has to be sold Exterminator Needed

Re: Help OR else the boat has to be sold Exterminator Needed

This is just my opinion, so take it for what it's worth.
Make sure you have all the "facts"....

are the roaches now a major physical problem?
is this situation really the cause of your kids health problem?
do you have a lease, have you paid a bond, do you have long to run on them...what do you loose by moving?

often we create facts to justify a 'feeling'. So think it all thru carefully, together with your misses.

If you can't deal with, tolerate or control the situation, then the boat goes and you move.

Good luck and keep us posted
Cheers
Phillip
 

woosterken

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Re: Help OR else the boat has to be sold Exterminator Needed

Re: Help OR else the boat has to be sold Exterminator Needed

you didnt say where you are:( if the good folks on here knew that , they may know who you can contact

woosterken
 

SigSaurP229

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Re: Help OR else the boat has to be sold Exterminator Needed

Re: Help OR else the boat has to be sold Exterminator Needed

It isn't that I am trying to create a fact to justify a feeling. If I could prove that the unsanitary conditions caused the health issues I would move and would take it as far as I needed to take it.

Let's face it would you live with cockroaches? If you have tried every means at your disposal? I can't afford $1200 to move but I do as a tenant have rights and I am going to enforce them. Most states including Tennessee do have laws that say that a landlord must provide a pest free environment now if I had a mouse, I wouldn't yell EEEEEKKKK and start raising immortal crap over it. I would go buy a mouse trap and deal with it.

I have tried several times to get it under control on my own and I can't. So now I am just wondering to what ends I can push this or if anybody has any further ideas on how I can get this situation handled.
 

SigSaurP229

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Re: Help OR else the boat has to be sold Exterminator Needed

Re: Help OR else the boat has to be sold Exterminator Needed

you didnt say where you are:( if the good folks on here knew that , they may know who you can contact

woosterken

I am in Sevierville Tennessee just outside of Douglas Lake.
 

JB

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Re: Help OR else the boat has to be sold Exterminator Needed

Re: Help OR else the boat has to be sold Exterminator Needed

Fact: You made a bad choice when you rented the place.

It is not your responsibility to convert it to an uninfested place.

Either the landlord fixes it or move.
 

SigSaurP229

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Re: Help OR else the boat has to be sold Exterminator Needed

Re: Help OR else the boat has to be sold Exterminator Needed

JB

You are correct we made a bad choice. We didn't know it at the time as he told me 9 months ago the neighbors were being evicted. Still we made a bad choice.

I really am in a catch 22 can't really afford to move. Can't really afford an exterminator but will make it happen if I need to (its the cheaper option) however exterminator will do me no good if I can't do both units.

I feel like I really need legal advice.

Or extermination advice.
 

Bob_VT

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Re: Help OR else the boat has to be sold Exterminator Needed

Re: Help OR else the boat has to be sold Exterminator Needed

When I lived in Military Housing (long time ago) we had forced hot air vents and a crawl space. I essentially bombed the hell out of the place and paid attention to the highways in the crawlspace.

What methods of chemicals have you tried? I know we have a few professional exterminators here on iboats....... perhaps they will recommend something that will not hurt your family.

Do you have kids?
 

tx1961whaler

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Re: Help OR else the boat has to be sold Exterminator Needed

Re: Help OR else the boat has to be sold Exterminator Needed

In college, I lived in some pretty infested places and got them under control. Not 100%, but definitely OK.
Here's what I did:
Open up every electrical outlet box and spray foam it in. Seal it up. Be neat and use minimal expanding door and window stuff so it doesn't break the drywall.
Do the same for any light fixtures, ceiling fans, etc. Use the foam and caulk and the pliable weatherizing clay stuff to do the plumbing. They LOVE traveling along the pipes.
What you are trying to do is make a physical barrier between you and the neighbor's house that the little SOB's can't get through. Think like a tiny little roach, and look for all of the cracks. ALL of them. Inside cabinets, behind the fridge, hot water tank, gas line; look for any opening and plug it up. One you do that, they can't get in your place.
This will not take one day to do.....

Roach crap and debris can cause allergic issues with some people. So can spraying all sorts of toxic crap in the house. A physical barrier works. You've found out that the chemical one is not effective.
 

ezmobee

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Re: Help OR else the boat has to be sold Exterminator Needed

Re: Help OR else the boat has to be sold Exterminator Needed

I'm not seeing that you have much a choice. You need to move. I'm thinking you can save up some money for that security deposit by not paying rent on your current place. The landlord hasn't kept up his end of the bargain, why should you. May not be the most ethical but it's what I'd do. If it's a private owner of the property, there basically isn't anything he can do to you that would be worth for him to pursue.
 

JustJason

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Re: Help OR else the boat has to be sold Exterminator Needed

Re: Help OR else the boat has to be sold Exterminator Needed

It's pretty simple. Stop paying rent on the place your in. In 2 or 3 months time you'll have your moving money for a new place. You might want to check your local laws, including your lease agreement, but usually eviction takes alot longer than 2 or 3 months.
Besides, once you stop paying the rent, it's garunteed you'll have the landlords full attention.
 

SigSaurP229

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Re: Help OR else the boat has to be sold Exterminator Needed

Re: Help OR else the boat has to be sold Exterminator Needed

Okk I failed to mention I hit the every crack and crevice that I could find and plausibly seal with a caulking gun.

I have moved the refigerator and stove washer and dryer out of the way, hit everything with pesticide.

Pulled everything out of the cabinets, baited and put everything back.

Have scrubbed all the walls with bleach.

UPDATE

Landlord was nice enough to give me $12 worth of hot shot brand insect foggers and to make the people next door leave tomorrow for three hours, so that both units could be fogged at the same time.

Also last night I wrote this letter which will be going out via certified mail.
To XXXXXXXXXX





C/O XXXXXXXX.


Regarding Condition of Unit at XXXXXXXXXXX




Dear Mr. XXXXXXXX,


This letter is to formally inform you of the sanitation condition at the duplex located at the previously stated address. We have had many conversations regarding the condition of the property in the past and past telephone records can be provided as documentation. This letter is to inform you of the cockroach infestation are affecting the sanitary living conditions at the present unit in which Nicholas Musall and Jasmine Lindsey are the lessee?s of the unit. We are now requesting that this problem be completely handled within 14 days as provided for under Tennessee Code Annotated, or we will pay costs to bring the apartment to minimum codes of habitability, and remove it from the rent or we will vacate the premises within a reasonable amount of time, and we follow all action required to immediately receive all deposits returned in full. We will also seek reimbursement for all damages that this may cause. We have provided all rents in a timely fashion and have maintained the unit to all standards required. The cockroaches are posing a health risk to my family and will no longer be tolerated; your immediate and permanent attention in this matter is required and appreciated.



Sincerely,






XXXXXXXXXXXXXXXXX



Names and Addresses Edited for Privacy reasons
 

mikel1291979

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Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

I have never lived or worked in your state, but I have significant experience in property management in several others. Here's my thoughts.
In most states eviction takes less than a month. If your lease says rent is due on the first then he can serve you with a three day notice to vacate on the 2nd. That notice means pay up in full in 3 days or leave. On the 7th day of the month he can file for eviction with the court. A summoms will be issued and posted on your door by the sheriff usually within 2 days. Court is generally in 10 days to 14 days. If the judge rules in his favor you will have 5 business days plus the weekend to vacate. Payment is no longer an option. On the 6th business day your landlord can file for a writ of possession. Deputies will post a 24 hour notice to vacate. 24 hours later they will remove you from the premises and the landlord moves your stuff out to the curb.
Now some states have a escrow problem that you may want to check into.
If the landlord is violating the lease or if there are health code violations you can use this. Basically what happens is instead of paying your money to landlord you pay it to the court. He can't touch it until he has fixed the problem, nor can he evict you. After a certain amount of time if he hasnt fixed the problem you get your money back and the court dissolves your lease.
Or just bail. Call an apartment locater. It's a free service for you. Explain your looking for an apartment complex with move in specials. No deposit, or 1 dollar first months rent. These are VERY common and you shouldnt have trouble finding several with great specials. Unless you live in a small town.
Good luck, Nd remember my advice is based on the states I know. Your mileage may vary.
 

SigSaurP229

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Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

Thanks Mike,


Tennessee can take as much as 60 days to evict a tennant, and has no such system that I am aware of to pay the court rather than the landlord. If I hold rent he WILL evict. The only recourse I can find pretty much in the state of Tennessee is the following



Pay Exterminator and take it out of the rent pay him the difference along with a receipt. This will not fix the problem because I can not force an exterminator to treat both units. Can only do this after giving him 14 days notice to correct the problem must be delivered in writing by certified mail.

Move out, hopefully talk to him and make agreements to break the lease I am unwilling to do this with out getting my money back as his words are the apartment looks better than it has in years.

Seek temporary housing until he fixes the problem and send him the bill for the housing. Can only be done after giving in 14 days written notice to correct the problem delivered by certified mail.
 

jonesg

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Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

gO TO THE TOWN HALL , visit the health dept and request a hearing with the director.

If no joy go to the board of selectmen, find out who your selectman is and pay a visit.

If no joy call the state health dept. They will not get involved but they will make a call, you might find your town health dept changes their attitude when they get a call from the state.

If nothing else you are buying time to save up for a sec deposit.

Escrow accounts are not held by a judge, they are done by a lawyer, filed with the court.
 

tx1961whaler

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Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

gO TO THE TOWN HALL , visit the health dept and request a hearing with the director.

If no joy go to the board of selectmen, find out who your selectman is and pay a visit.

If no joy call the state health dept. They will not get involved but they will make a call, you might find your town health dept changes their attitude when they get a call from the state.

If nothing else you are buying time to save up for a sec deposit.

Escrow accounts are not held by a judge, they are done by a lawyer, filed with the court.

Using all of those Massachusetts words for the state of Tennessee......:D
Some of them do not translate! :eek:
 

bruceb58

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Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

Fogging your unit alone won't fix the problem. Both units have to be fogged or the roaches will just move to the other unit and then come back.
 

ezmobee

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Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

Move out, hopefully talk to him and make agreements to break the lease I am unwilling to do this with out getting my money back as his words are the apartment looks better than it has in years.

"Breaking the lease" is always funny with a private owner. Ain't nothin' he can do to you if you leave except keep your security deposit.
 

SigSaurP229

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Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

Re: Help OR else the boat has to be sold Exterminator Needed UPDATE

Both Units are being fogged as we speak we will see what happens. The wife and I have also found another apartment as a back up. We have come to the joint decision that this is no longer acceptable under any circumstance we have heard enough excuses.

The new place has told us that we can add the deposit in with our rent the unfortunate thing is we are looking at $150 per month more money. But it is on the river so I can just walk out to the back yard with fishing pole in hand though.
 
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