Re: Who is responsible for Pest Control Bill for Bedbugs? (Landlord or Tenant?)
Posted by:
Tough One...
()
Date: July 17, 2014 04:00PM
The tenant landlord handbook states that the landlord must "Keep the premises fit and livable and free of rodents, vermin, insects, and other infestations that constitute a health hazard;" It's pretty clear that the landlord is responsible for extermination. However, it's not clear if the landlord is responsible for the cost of extermination or if he can pass the cost onto the tenant, especially if the tenant is at fault. Hopefully, your lease spells this out. Presumably, the landlord thinks you are responsible for the bed bugs or he probably wouldn't charge you.
If it were me, and the lease doesn't clarify the issue, and I couldnt get a definitive answer from the county, then I would probably pay the rent only and advise the management company that they can take me to court for the extermination fee. Of course, the landlord could then say he'll just take the cost out of your security deposit, in which case you would have to take them to small claims court at the end of your tenancy to attempt to recover.
A couple of things to consider...if you did a pre-occupancy inspection and no bugs were discovered, that might weaken your case (although I have no idea how hard it is to see bed bugs). You could see if the apartment complex has a policy of fumigating a unit prior to occupancy. If they do, that would also weaken your case. Also, the standard lease we use (single family home) requires the tenant to exterminate the premises at the conclusion of their tenancy IF they had pets. If the place was fumigated right before you moved in, and the bed bugs showed up directly following your moving in, I would think it would be hard to prove that you didn't bring them with you.