CanI be held responseable for the extermination of bedbugs?

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CanI be held responseable for the extermination of bedbugs?

Asked on November 14, 2011 under Real Estate Law, Arizona

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

While laws vary from state-to-state, the general rule is that the landlord must pay for the extermination of bedbugs. Further, AZ law prohibits landlords from renting units known to have bedbug infestations. It also prohibits them from allowing tenants to move in any items known to be infested with bedbugs. 

You should be aware that every residential lease has what is called an "implied warranty of habitability". So if your rental unit is not liveable, you can: repair an deduct for the cost of extermination, withhold rent until the problem is solved, or terminate the lease.

However, you need to be careful about pursuing any of these remedies. You could find yourself in trouble if you do not follow all correct legal procedures. At this point you should consult with an attorney who handles landlord-tenant matters or speak with a tenant's rights organization.


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