Is a landlord responsible for the cost of a mole problem?

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Is a landlord responsible for the cost of a mole problem?

There are moles in the back yard tearing up the flower beds. I have notified the landlord and she has said that we can purchase pest controls products, implying that we must pay for the products.

Asked on June 21, 2012 under Real Estate Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A landlord must take of pest--including rodent, and potentially including mole--problems IF they affect habitability, or the ability to use the premises as a residence. The landlord does not need to address pest issues which do not affect habitability--e.g. occasional pests; animals outdoors which are not a threat to health or safety--so it is likely that the landlord would not be required to pay for mole control if the only issue is tearing up flower beds.


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