Is it the landlord’s responibility to take care of pest control?

UPDATED: Apr 3, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it the landlord’s responibility to take care of pest control?

I recently found 3 small snakes in my apartment and I have been battling roaches and other bugs. The manager won’t call an exterminator. He did tell me that the door seal on my front door needed to be replaced and that was as far as it went. I have a small child and this is not healthy for him. Unfortunately I do not have the finances to move somewhere else.

Asked on April 3, 2012 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is something called the "implied warranty of habitability," which is the obligation put on landlords to ensure that their rental premises are fit for their intended purpose--in this case, residence. Conditions that affect health, hygiene, or safety can violate this warranty, and among such conditions are pest infestations. Landlords are obligated to take reasonable steps to deal with pests (e.g bring in exterminators to deal with known situations). If the warranty is violated and the landlord does not take action, the tenant may be entitled to one or more of the following:

1) monetary compensation;

2) to fix the problem (hire the exterminator) him/herself and deduct the cost from rent;

3) a court order directing the landlord to correct the poroblem; and/or

4) to terminate the lease and move out without penalty.

It would be best if you retained a lawyer to help you, rather than tried to take action yourself, since taking action the wrong way (for example, hiring your own exterminator, if the condition was not serious enough to warrant doing so, or you did not provide proper notice to the landlord) can result in you being liable to the landlord; it is important to get legal assistance. If you cannot afford a landlord, try contacting Legal Services--they may be able to help you. Good luck.

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 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 lock Secured with SHA-256 Encryption