Who should pay for bed bug exterminations?

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Who should pay for bed bug exterminations?

Asked on December 7, 2012 under Real Estate Law, Utah

Answers:

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

Answered 9 years ago | Contributor

As a general rule, a landlord is responsible for the cost of pest control. This is due to the fact that all residential rental properties come with what is known as the "implied warranty of habitability". This is the obligation on a landlord to provide premises which are fit (i.e. safe and sanitary). Pest conditions, such as those regarding bed bugs, can violate this warranty. Consequently, the landlord must provide extermination services.

The exception to this is if a tenant causes the infestation (e.g. keeps food lying around) or interferes with pest control in some way (e.g. such as by not properly preparing the premise sin some way thus rendering the service ineffective). In these cases, since the tenant has either caused and/or exacerbated the problem, the landlord can look to recover the cost of extermination from the tenant.


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