http://inkarn8.livejournal.com/ ([identity profile] inkarn8.livejournal.com) wrote in [community profile] davis_square2013-02-26 02:49 pm

Skunk Smell Issue - Tenant or Landlord responsibility?

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...

[identity profile] enveri.livejournal.com 2013-02-26 08:36 pm (UTC)(link)
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.