If the house we rented has fleas, who pays for the exterminator?

Asked on August 16, 2012 under Real Estate Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Generally speaking, a landlord is required to correct conditions which can affect the livability of a rental unit; this is known as the "implied warranty of habitability". Since pest infestations can rendera  premises unsafe and/or unsanitary the landlord should deal with them. Yet, this all presumes that the tenant is not reponsible for the condition. So, for example, if a neighbor carelessly or deliberately did something to bring fleas into your unit then your landlord would be reponsible for extermination. That having been said however, fleas are usually considered the tenant’s responsibility since their pet is typically the cause of the infestation. And if this is the case, if you don't pay for removal your landlord can do it and charge you.

Note: Read your lease if you have one. Many times, the responsibility for such a situaton is spelled out there.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.