Is the landlord required to treat a bedbug infestation in a building with 8+ apartments, given the tenants did not knowingly bring them in?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.)


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