What is a landlord’s responsibility to treat for bed bugs?
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What is a landlord’s responsibility to treat for bed bugs?
I currently have bed bugs for the third time. The rent-to-own place covered the cost of the first 2 treatments because we rented a couch from them. We no longer have the couch, so they will not cover the expense. What if I have proof from the pest control company saying that the bugs came from the apartments?
Asked on April 25, 2011 under Real Estate Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The laws vary from state-to. However, the general rule is that the landlord must pay for the extermination of bedbugs. It is an infestation much the same as mice, roaches, etc. Under t circumstances, your landlord should exterminate your whole building. This all has to do with what is called an "implied warranty of habitability." This a term implied to residential leases which states that the premises must be in a safe and sanitary condition (i.e "habitable") and this includes pest or bug infestations.
Note: If a landlord violates this warranty, there are several possible remedies: suing for monetary damages; paying yourself to fix and repair the problem and then deducting the cost from your rent; getting a court order forcing the landlord to correct the situation; and/or being able to terminate your lease without penalty.
You should consult with an attorney that specializes in landlord-tenant matters or speak with a tenant's rights group in your area.
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