In an apartment complex, who is responsible for eradication of bedbugs?

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In an apartment complex, who is responsible for eradication of bedbugs?

Asked on September 30, 2011 under Real Estate Law, Arizona

Answers:

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

Answered 11 years ago | Contributor

The laws vary from state-to-state. However, the general rule is that the landlord must pay for the extermination of bedbugs.  Additionally, AZ prohibits landlords from renting units known to have bed bug infestations. State law also prohibits them from allowing tenants to move in any items known to be infested with bed bugs. 

Every residential lease has what is know as an "implied warranty of habitability". So if your premises is not liveable repair an deduct cost of extermination, withhold rent until the problem is solved, or terminate your lease. However, you need to be careful about pursuing any of these remedies.

At this point you should consult with an attorney who handles landlord-tenant matters or speak with a tenant's rights organization.


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