Do I have to inform a new tenant of a prior bed bug infestation, if I believe I have fully eradicated the problem?

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Do I have to inform a new tenant of a prior bed bug infestation, if I believe I have fully eradicated the problem?

I understand if the future tenant asks about a bed bug infestation, that I will tell them about the treatments, etc. but do I have to go out of my way to inform the new tenant?

Asked on April 26, 2012 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, there is no obligation to inform a prospective or new tenant of a prior bed bug or other pest infestation (or, for that matter, mold condition, leaks, or other problems) if such has been abated or corrected. As you note, if they explicitly ask you, you'd have to answer truthfully--lying could be fraud--but you don't have to volunteer the information.


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