Are land lords responsible for pest control? Texas Property Code section 92. For a condition that materially affects the physical health or safety of an ordinary tenant, the landlord is required to make repairs or to remedy the condition.
However, it turns out that it’s a lot more gray than that. Landlord has no responsibility unless pest control is included in rental agreement or if tenant can prove conditions affect habitability. Generally, the landlord is responsible but if a landlord can prove the tenant caused the infestation the tenant would be responsible. All of this is superseded by a clause that states that the responsibility for pest control falls to the landlord if the pest problem is caused by negligence by the owner.
For example, if an unrepaired leak attracts rats. The tenants are more likely to sign the lease renewal and the cost of searching for new tenants is eliminated when the property is well-maintained. If the renter is responsible for a pest infestation they can be held liable instead of the landlord. The vide below goes into this topic with far more detail.
These are few supplementary landlord-tenant laws that you may find useful when trying to evaluate or justify the actions of the opposite party. Pest control is typically covered in your lease. It should say who needs to pay for it. If it is silent on the issue then it defaults to state law.
This is true for most issues. If there is as clause in your lease that states you are responsible for pest control, then you are responsible for pest control. If there is no such clause (I would be very surprised if there is not), you need to. Landlords must also comply with required federal disclosures regarding lead-based paint on the property , or face hefty financial penalties.
A Landlord is obligated to supply possession of the premises as agreed in the lease. The premises must meet minimum standards of habitability including compliance with applicable building codes. A pest infestation would constitute a condition that materially affects the physical health and safety of an ordinary tenant. You cannot simply declare that you are fed up and move out.
After the days, it is assumed that the pest infestations are caused by the liing habits of the renter. As long as the tenant didn’t introduce the bed bugs, the landlord is usually responsible for extermination. Most states require landlords to provide habitable housing, and most courts don’t consider bed bug infested units to be habitable.
Most of the time, landlords are responsible for residential pest control, seasonal maintenance of residential pest control, and immediate pest control when tenants are dealing with a pest problem. We had a terrible rat infestation caused by holes in the walls and damage to the roof not cause by us (storm and pre-existing). We requested the landlord ( in writing and certified) to repair these things but she refused and said it was our responsibility to exterminate and also would not allow.
The one exception here is if the presence of the pest was caused by the tenant’s poor housekeeping or lack of cleanliness. Your rights as a tenant include the right to quiet enjoyment, a legal term. In most states, the lease dictates the landlord will be responsible for certain aspects of pest control. There are times where negligence on the part of the tenant may lead to cases of pest infestation.
Landlords aren’t always obligated to cover the cost of pest control. These may arise due to garbage kept for too long in the house. Pest Control : The landlord must provide a pest -free property.
Tenants are responsible for maintaining their rental unit and following certain health and safety codes. These laws often require tenants to keep their property clean and sanitary. If you cause a mouse.
The best safeguard is to have the rental inspected and any pests eradicated before the property is rented. But your landlord is not responsible for pest control if you live in a duplex or family home. It is always a good idea to check the lease.
There could be a special clause in there about pest control. We mention preventative maintenance above.