Skunk Smell Issue - Tenant or Landlord responsibility?

[inkarn8.livejournal.com]

Does anyone know whether the tenant or Landlord would be responsible for cleaning up the smell of an apartment after a skunk has sprayed near or under a house? They skunk has already been evicted and barred from getting under the porch or house. It may still get into the yard. Some of the tenants are saying the house is "uninhabitable" per section 10 of the standard lease form and as such the landlord is totally responsible for cleaning, loss of wages, rent for that period etc. and more...

Comments

[oakenguy.livejournal.com]

I have absolutely no legal knowledge to back this opinion up, but the thought of charging a landlord for loss of wages, or withholding rent because of a skunk spray seems like trying to hold them responsible for the weather being so hot and muggy the tenant is unable to sleep. Or even worse, because in the latter case there's no way the landlord could make a counterclaim that the tenants' messy trash or poor pet behavior attracted the sun to their property.

[enveri.livejournal.com]

Agreed.

Since I'm getting the feeling that the OP is the landlord, I'd maybe offer the cleaning service fee you were pondering, and if they balk, pull out the counterclaim above.

It sucks for the tenants, but holding the landlord responsible for wildlife beyond reasonable repair, removal and prevention of future incursions is, in my legally ignorant opinion, excessive.

[clevernonsense.livejournal.com]

mostly agree, but if the actual skunk smell is under the house then it's also somewhat part of the house and I think it isn't unreasonable to ask a landlord to do something to take care of it.