Is the landlord required to treat a bedbug infestation in a building with 8+ apartments, given the tenants did not knowingly bring them in?
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Is the landlord required to treat a bedbug infestation in a building with 8+ apartments, given the tenants did not knowingly bring them in?
I live in an apartment complex with buildings that have at least 8 apartments in each. The complex wants to charge me for bedbug treatments, but I have done everything to avoid an infestation (mostly just staying indoors at all times). Does this fall under the implied warranty of habitability? Is the landlord required to treat for these parasites?
Asked on August 21, 2012 under Real Estate Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, the implied wrranty of habitability requires landlords to take reasonable steps--such as paying for extermination or treatment--to control insect and pest infestations. If it can be shown that a tenant caused or contributed to the problem in a material (significant) way, such as by not keeping his/her apartment in hygienic condition, the landlord may be entitled to recover some or all of the treatment costs from the tenant--but that's only if the tenant caused or contributed to the problem. (Note: if the lease provides that the tenants pay, however, that would be enforceable--in that case, the tenants contractually agreed to bear this expense.)
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