Who is liable for bedbug treatment, the tenant or landlord?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who is liable for bedbug treatment, the tenant or landlord?

Asked on June 24, 2011 under Real Estate Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In every lease, there is an implied warranty of habitability which means that the landlord has to maintain the premises in a habitable condition by complying with local and state housing codes.  A place that is infested with bedbugs would present a health and safety issue. 

You could argue that the bedbug infestation constitutes a breach of the implied warranty of habitability for which the landlord is liable.   If the landlord has been given reasonable notice of the bedbug infestation and has not taken reasonable measures to alleviate the problem, the tenant can either have a pest control company eradicate the problem and deduct the cost from the rent or move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant decides to stay on the premises, withhold rent and defend against eviction.


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