Evicted for not paying Landlord's pest control bill

This is a discussion on Evicted for not paying Landlord's pest control bill within the Real Estate and Property Law Questions forums, part of the Legal Questions & Answers Forum category; In 2011 I had a bug infestation and my Portage, Michigan apartment complex ordered service from Orkin. I was told I would have to pay for it because this type ...

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  1. #1
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    Evicted for not paying Landlord's pest control bill

    In 2011 I had a bug infestation and my Portage, Michigan apartment complex ordered service from Orkin. I was told I would have to pay for it because this type of bug (bed bugs) was not part of their annual package deal with Orkin. I never agreed to this and was not allowed to suggest a different pest control company, they insisted on Orkin. The orkin representative was quite unfriendly to me so I called Orkin to file a complaint. They would not let me file a complaint because it was not my name on file with Orkin, and my apartment complex would not put my name on it. I never signed anything or even verbally agreed that I would pay for this. Now, 8 months later, I received a letter saying that I am being evicted for failure to pay. Is this wrongful eviction? Is this extortion?


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    The main thing is that your rights are set out in the contract. If the landlord has the right to charge you for this pest control, then it needs to be written in there. However, if it is unclear exactly what is considered pest control, or what specific types of pest control are covered, then you may have a good defense to the eviction.

    There aren't a lot of attorneys which deal in residential landlord tenant law, but you might have a look at getting a lawyer to take a quick look. If it isn't nailed down in the contract, they would look pretty sheepish in front of a judge when you go to defend against this. The thing is that most of these eviction cases, the tenant never responds or shows up, so if you did show up, that would mean a lot.
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.

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    The specific clause in the lease which they refer to in my eviction is simply thir right to choose not to renew me lease since I am at the end of a lease's term (I am month to month now). That is perfectly fine, but the letter says they "want to evict me." I'm going to ask one of the mangers at the leasing office if this is *technically* an eviction, and if so, I may pursue legal action. Especially since it will affect me finding an apartment somewhere else.

    When I last spoke with the manager at my leasing office about this, he said "They will get the money one way or another." and mentioned court and whatnot. In my lease, it specifically says that I am responsible for paying any of their legal expenses if they take me to court. That is extremely bullyish and I'm also concerned about the legality of that


 

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