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Lawyers/Hunters of the OT: Gophers

Posted on 5/4/15 at 10:15 pm
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 5/4/15 at 10:15 pm
Two questions:

1. My landlord made me pay $1000 security deposit to have my lab, because "they dig." Come to find out, there's a gopher problem in the area, that she was aware of and didn't mention, and now that I've mentioned it she says it's a "tenant issue." Is this legal?

2. If it is indeed my problem, how do I kill the little rat frickers? I live in a small town, but in a subdivision; can I just sit in the backyard with the ol .22 or 12 gauge and lie in wait? I'm sure it's a nuisance animal, I should be ok blowing a few rounds off inside city limits, right? I'd let the dog take care of it but she's just a puppy and has already developed a UTI from bacteria I'm sure is from the gopher(s); she sure as shite is lookin for em though.
Posted by CP3
Baton Rouge
Member since Sep 2009
7401 posts
Posted on 5/4/15 at 10:17 pm to
Lol if you are seriously thinking about shooting a 12 guage if there are houses anywhere close (for noise not pellets)

Pellet gun or subsonic .22 is way to go
This post was edited on 5/4/15 at 10:18 pm
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 5/4/15 at 10:18 pm to
quote:

that she was aware of and didn't mention,


You can prove this how?

quote:

now that I've mentioned it she says it's a "tenant issue.


So if the AC went out do you think that would be a tenant issue too?

I'm going off AL law so some local LA experts fix my course if I'm off base here.
Posted by nelatf
NELA
Member since Jan 2011
2296 posts
Posted on 5/4/15 at 10:19 pm to
Gamo .177 whisper
Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 5/4/15 at 10:20 pm to
Nb4caddyshackreference
Posted by Ash Williams
South of i-10
Member since May 2009
18144 posts
Posted on 5/4/15 at 10:21 pm to
Not a tenant issue

And how can you prove she was aware of it


ETA:

Caddy shack reference.
This post was edited on 5/4/15 at 10:21 pm
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65533 posts
Posted on 5/4/15 at 10:21 pm to
You can't shoot the golfers.
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 5/4/15 at 10:23 pm to
You damn right I am, this is Texas. Not to mention it's affecting my brand new pedigreed Silver Lab that I paid $1200 for. If it was a coyote, I'd be within my rights to shoot it.

I'd use a .22 but I'm assuming I'll have to hunt at night and I'm all out of night vision mil-dot reticles and .22 is a hard cartridge to find and expensive as all hell. I'm guaranteed a kill with the Saiga, the .22 is chancing it. I'd use my pistol before I tried the rifle.
Posted by GaryMyMan
Shreveport
Member since May 2007
13498 posts
Posted on 5/4/15 at 10:23 pm to
quote:

My landlord made me pay $1000 security deposit to have my lab, because "they dig."

They (can) also stink up a place and chew anything this side of concrete if they want to. She doesn't know how good or bad your dog is - the $1000 surely wasn't just for landscape concerns.

quote:

there's a gopher problem in the area, that she was aware of and didn't mention, and now that I've mentioned it she says it's a "tenant issue." Is this legal?

Is it legal for her not to give a shite that there are gophers doing gopher things? Sure. Can she hold you responsible for eradicating them? No. Hell no. If she keeps your deposit because of the gopher damage then you should have a lawyer friend send over a demand letter with some big words and statutes and whatnot.
Posted by detmut
Jesuit 81 Metairie
Member since Sep 2011
2304 posts
Posted on 5/4/15 at 10:24 pm to
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 5/4/15 at 10:24 pm to
I can prove it because she acknowledged it in a text.
Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 5/4/15 at 10:26 pm to
I'd use the shotgun, cause you're in Texas.
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 5/4/15 at 10:27 pm to
The normal pet deposit was $200, that's for the stinking up and chewing shite. The $800 extra was SPECIFICALLY because "they dig."
Posted by GO TIGERS GO
Member since Sep 2007
1029 posts
Posted on 5/4/15 at 10:27 pm to
Gopher traps. Dig out the entrance to the tunnel … set trap … gopher comes to seal off tunnel and trap does its job. Once you catch the first one it will get easier. I'll look for the name and model of trap.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 5/4/15 at 10:27 pm to
quote:

I can prove it because she acknowledged it in a text.


Admission of a party opponent. Stop texting and start emailing. Record everything (assuming LA is a one party state). Find a local attorney yesterday. I'm not trying to be a smartass btw.

Oh you are in TX. Swap all the LAs to TX.

ETA: Get those gophers to wear burqas and call Garland PD.
This post was edited on 5/4/15 at 10:33 pm
Posted by CP3
Baton Rouge
Member since Sep 2009
7401 posts
Posted on 5/4/15 at 10:30 pm to
quote:

I'd use my pistol before I tried the rifle.


Well that makes no sense.


If you can't hit it with a .22 than I seriously doubt you'd hit it with a handgun.

And I'm just saying legal wise Id stick to .22 subs. Just bc its texas doesn't make shooting a gun in city limits ok
Posted by Ash Williams
South of i-10
Member since May 2009
18144 posts
Posted on 5/4/15 at 10:30 pm to
quote:

The $800 extra was SPECIFICALLY because "they dig


In that case my concern would be that she's trying to stick landscaping damages caused by the gophers on your dog

Make sure you keep very detailed records and photos of when damage is caused in the yard by the gophers. Make sure you send her texts or emails every time there is gopher-caused damages. This will create a documented history of gopher damage so that if she ever tries to charge you for those damages BC of the dog, you have proof that the damages were due to gophers.
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 5/4/15 at 10:32 pm to
I do believe I have emails about the extra money for the dog, we were going to write up an amendment to the lease about it that she nixed at the signing. I'll email tomorrow telling her it isn't a tenant issue and I'm fixin to start waking the neighborhood up if left to my own devices; politely of course.
Posted by Five0
Member since Dec 2009
11354 posts
Posted on 5/4/15 at 10:34 pm to
With the issues you describe I would contact the local attorney and have them do all further communications. Give them a couple of C notes up front for the trouble and see how much of your lease they can shave off because your landlord is an a$$hole.
Posted by Corkfather
Houston
Member since Sep 2007
19748 posts
Posted on 5/4/15 at 10:34 pm to
Apparently this is a neighborhood issue. The neighbors may think, "hey, now that ol Coonass is doing something about the problem." I could maybe even get some work out of it, the oilfield is rough right now.
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