Can you sue if a maintenance man goes into your home without notice and accidentally kills your pet?

2018-08-16 6:57 am
My apartment complex randomly went into everyone s apartment today for quarterly pest control. I was home, and I was told to keep my cat completely out the areas they sprayed in for 2 hours so she wouldn t injest the chemicals. There was absolutely no notice of them doing this. My neighbor, however, was at work. She gets home and I hear her scream, her cats got into the chemicals and they died. Is there a way she can sue my complex? I feel so bad for her!! I m all for pest control, but if they re going to show up, they need to let the tenants know so they can make arrangements for pets. If I wasn t home, the same thing would ve happened to my baby!! Isn t that technically neglect for not letting us know they were coming?

回答 (11)

2018-08-16 6:59 am
Anybody can sue anybody else, for anything. But first, it would help her case if she made a demand for some amount of compensation. If the landlord agrees and pays, then there is nothing more to sue for.
2018-08-16 7:04 am
Landlords/property management are required to give 24 hours' notice of intent to enter a rental property. If this notice wasn't given, that's violation #1. The death of pets (considered property in the eyes of the law) is a loss which entitles compensation.
2018-08-16 7:00 am
Absolutely she can sue, and she'd probably win. But first she should write a letter to the apartment complex explaining what happened and give them a chance to compensate her without the need for protracted civil litigation.
2018-08-16 7:02 am
Yes she can because they went into her home without consent or giving her a notice. She paid rent so the manager has no right to allow the fumigator into the tenant’s home without a notice.
2018-08-16 7:09 am
I have never heard of an apartment using a pesticide that is known to be harmful to pets. You should report them to the State. This has to be in violation of lots of State laws, rules and regulations. Environmental laws, property laws. It is unnecessary to use such a pesticide.
2018-08-16 7:04 am
Interesting, most appartments do not use chemicals that could kill a pet because it could also kill people.,
2018-08-17 11:08 pm
In my state is is required by law to provide a tenant a minimum of 24 hours notice to enter the tenant's apartment. In this case it would also be required to identify restrictions to accomodate use of pesticides. "Permission" is not needed but if notice was not given to your neighbor she may have a case but against the landlord or management company. If the company applying the pesticide were not apartment employees, they would assume that tenants were notified and that is certainly part of their contract.
2018-08-16 11:12 am
If you abandon you baby then that is a whole other set of circumstances.
If the maintenance service violated the terms of your lease and that resulted in the death of a pet, then yes, you can take the to small claims court for the cost of the pet.
2018-08-16 7:42 am
She is negligent for not putting the cats somewhere safe for the 2 hours. If you were told to keep your cat away why didnt she know that? They might have put a written notice on your door if you had not been home. She might be able to sue the management if they did not attempt to notify her.
2018-08-16 11:55 pm
No it isn't. The absolute most she could sue for is the cost of a new cat...and the legal fees will be MANY times that amount.
2018-08-16 9:47 am
quarterly pest control
That IS NOT RANDOM and you WERE informed multiple times.

I was home, and I was told to keep my cat completely out the areas they sprayed in for 2 hours so she wouldn t injest the chemicals.
If that is the case, they DID NOT kill your cat, YOU did.

She gets home and I hear her scream, her cats got into the chemicals and they died.
ABSOLUTE BS. If your neighbor had cats, YOU would have taken them out of her place.

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