Dang.
Here is my first point: you are the landlord, don’t ever let your tenants forget it.
I'll probably trade fixing up stuff that should be fixed anyway for cooperation in the pest efforts.
To my ear, that sounds like negotiation. I hate to sound paranoid, but that is indeed a slippery slope. I know you mean well, but don’t go to your tenants and say “well I’ll do this if you do that” you are setting yourself up for them to start thinking that they are in control, and you are just an errand boy, you can believe me now or believe me later, they will walk all over you.
If they were on a month to month lease, or whenever their lease agreement expires, it is within your right (run this by your state’s property management laws) to say (this is a California document):
NOTICE OF 60 DAY CHANGE IN TERMS OF TENANCY
October 31, 2010
Flea Bitten
123 maple street
any town , 99999
Dear Flea Bitten and all others in possession:
Our records indicate that your lease is expired. It is the wish of (our property management company) to continue fulfilling your housing needs. Your choice in making (123 maple street) your home is most appreciated and we enjoy providing you with the very best of service.
Your current total lease rate is $(current rent). A new lease term will begin on (service date + 70 days). It is our pleasure to offer you a choice of the following options:
A 3, 6, or 9 Month Lease $ (market rent)
A Month to Month Lease $ (market + 20%)
In the future, should you wish to move from your home, you will need to give us your written notification of your intent to vacate at least 30 days prior to your lease expiration.
Should all parties not sign a new lease agreement by (service date + 69 days), we will perceive that you wish to continue your residency on a month-to-month basis at the new rate of $ (market + 20%)
Thus, the following notice is served:
YOU AND ALL OTHERS IN POSSESSION ARE HEREBY NOTIFIED, in accordance with civil code section 827, that sixty (60) days after service upon you of this notice, or (service date + 70 days), whichever is later, your tenancy of the above designated premises will be CHANGED as follows:
The monthly rent which is payable in advance on or before the first day of each month will be the sum of (market + 20%), instead of the current monthly rate of $(current rent).
Except as herein provided, all other terms of your tenancy shall remain in full force and effect. You are most welcome to contact us at any time at (phone number or e-mail). Thank you for choosing to make (123 maple steet) your home. Please let us know how we can be of service to you.
Sincerely,
Now they are motivated to let you set them up with your lease agreement, and you should have specific language, terms and possibly even an addendum which addresses cleanliness and pest control.
Remember, the trouble you run into is, that in most states, you need a pest control agreement before you go into a place and start spaying pesticides.
Believe me, I am not a strident environmentalist, but pesticides are poisonous, and they can contaminate indoor air, soil, creeks and ground water. I know that they are sold in the store, and that they are readily available, but you, as the landlord, are not necessarily at liberty to serve notice and begin spraying.
Many management companies have a standardized form that the tenant signs when you set up your lease agreement, which informs the tenant that the building is serviced by a registered pest control company. This notice also informs the tenant that certain state laws require the owner/manager to provide each tenant a copy of the notice provided by the pest control company. Subsequently, the pest control company must provide the manager (and hopefully the tenant) with all the information about the pesticides that they use.
Furnished owner has a good idea, you can cover yourself by saying that the fleas threaten the health or safety of the resident, or that the pests render the home unfit or uninhabitable. This would obligate you to do something about it.
The landlord and the resident are obviously not licensed to perform pest inspections, and I would definitely write a lease agreement which puts this in the hands of a professional, as there may be an easy solution to this that I do not know. I also do not know how prevalent fleas are in your area of the country, and what your local County Health Department might require about this condition, if anything.
I see two other problems here.
First, you may be absolutely right that chemical control alone may not solve the problem; now you are stuck trying to control the behavior of another person, and good luck with that.
Your best bet is to try to start serving them notice of breach of lease agreement; I would look for a statement in the lease agreement which speaks to keeping the premises clean, pest free, and/or habitable:
Notice of Breach of Lease Agreement
Date:__________
Address:_____________________
_____________________
Name:_______________________
Dear Resident(s):
Our management company has noted the following condition(s) in regards to your home:
Please refer to the Number “X” section of your Lease Agreement:
Please also refer to Rules and Regulations:
If you have any questions or concerns regarding this matter please feel free to contact Our management company at (your contact information). Thank you in advance for your cooperation.
Sincerely,
If they are in breach of their lease, technically you have the option to evict.
Second, regular pest control treatments can occur as often as once a month, and cause quite a reduction in your cash flow.
I know this is a lot. I have tried being informal with my tenants, and no matter how nice they are in the beginning, they will begin to treat the entire situation like their personal entitlement program. They will take advantage of your time and money. The more professionally you learn to handle this stuff, the better.