If my husband did not realize that our lease saidthat weare responsible for pest control, doesn’t the landlord still have to provide pest control?

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If my husband did not realize that our lease saidthat weare responsible for pest control, doesn’t the landlord still have to provide pest control?

The last tenant left roaches. We have successfully exterminated the other million bugs; ants, etc. but we just can’t beat these things. I have 2 children and don’t like living like this. I think FL statute says that they are responsible regardless but I’m not sure.

Asked on November 6, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If your written lease between you and the landlord states that you are responsible for taking care of the pest control at the unit you are renting, the you are responsible for this maintenance in that the written terms of the lease control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law.

As such, I suggest that you carefully read the lease's terms as to pest issues. There is no Florida statute that I am aware of stating that the landlord is responsible for pest eradication if the written lease signed by the landlord and the tenant states otherwise.

 


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