Do landlords have to pay to exterminate bed bugs if the tenants got them after they have moved in?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do landlords have to pay to exterminate bed bugs if the tenants got them after they have moved in?

They were not here when we moved in.

Asked on January 17, 2013 under Real Estate Law, Illinois

Answers:

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

Answered 8 years ago | Contributor

The laws on this vary from state-to-state. That being said, the general rule is that a landlord must pay for the extermination of bedbugs; it is an infestation the same as mice, roaches, etc. This all has to do with the "implied warranty of habitability", wwhich states that under a residential lease, a premises must be in a safe and sanitary condition (i.e "habitable"); this includes pest infestations.

If a landlord violates this warranty, there are several possible remedies that are available to a tenant. They can: 1) sue for monetary damages; 2) pay to fix and repair the problemthemselves and then deduct the cost from their rent; or 3) get a court order forcing the landlord to correct the situation; and/or 3) terminate their lease without penalty.

At point, you should consult with an attorney that specializes in landlord-tenant cases or speak with a local tenant's rights organization.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption