For those with sensitive immune systems or health conditions where they require a more sterile environment, and additional pest control management is needed, often that responsibility falls on the tenant. textarea.setAttribute("aria-readonly", "true"); The landlord must act in a timely manner in removing the bed bugs; if there is hesitation or a … A bed bug addendum is an addition to the lease. If the landlord takes action against you (for example, terminating your lease) within 6 months of your written complaint, the landlord is presumed to have improperly retaliated against you. Information About Brokerage Services In most states, the lease dictates the landlord You inform your landlord in of the infestation. As a tenant, make sure you haven’t created the problem by bringing in pests via second-hand furniture, packages or luggage, and so on. control in the lease agreement. They are not for sale. For more useful information go to TexasCourtHelp, a website of the Texas Office of Court Administration's website. Your signed bed bug addendum can be used against you to show that the apartment was free of bed bugs when you moved in. Your landlord usually has around 7 days from receiving your written notice to deal with the infestation. As the pests vary greatly, the question is often asked which pests are the landlord or the tenant’s responsibility for. Any issues should be reported to firstname.lastname@example.org. To speak plainly, tenants that leave debris outside their building or have a lot of clutter and don’t properly discard food and waste can subsequently create a pest problem. Landlords are legally responsible for what is referred to as the “implied warranty of habitability.” This means that landlords are required to maintain a livable home which includes routine pest … A landlord cannot properly battle a problem that a tenant is creating. It is illegal for a landlord to retaliate against a tenant for complaining about a condition on the property that affects the health or safety of its occupants, or for contacting a government or nonprofit agency about the problem. Unfortunately, there is no clear-cut answer as each state and local law varies. Is my landlord required to get rid of the bed bugs? © 2001–2020. If the inspection confirms that bed bugs are present, send a second dated letter to the landlord demanding that the problem be addressed immediately. If bed bugs turn up later, the inventory form can help to show that you are not at fault because the complex had bed bugs before you moved in. However, there are bed bug laws in Texas. This, however, doesn’t necessarily mean that the landlord is always responsible. What are the Responsibilities of a Property Manager? textarea.setAttribute("aria-label", "do not use"); If your landlord admits to a previous problem, note this on the inventory form your lease. The circumstances that surround any pest incident also helps to determine who is responsible and what should be done to properly control pests in the residence. How can I protect myself against a landlord’s claim that I’m at fault for bed bugs? We hope in this blog that we have helped clarify the pest control responsibilities of landlords and tenants. What should I do if my landlord doesn’t deal with the bed bug problem? NUISANCE. When it comes to bed bugs, naturally most people will declare it the Texas Revised Code Sec. bugs. If a landlord is having several complaints about pests, particularly from those who are creating the situation, then the landlord needs to keep documentation concerning the tenant in question. Written, dated communication with your landlord is essential to protect your rights. One of the current and largest debates are bed Bed bugs can be difficult to find. Your landlord has about a week to remedy the problem. Funding: This website is supported by the Texas Access to Justice Foundation. As the A situation when a new tenant is moving into a home with bed bugs should be corrected by the landlord. The infestation was not caused by you or your guests. Out of the 22 different states that have bedbug laws, Texas happens to be one of them that has laws that mention bedbugs specifically. If there is a pest problem that is causing structural damage or is an endangerment to the public’s health, the landlord is responsible. var textarea = document.getElementById("g-recaptcha-response-100000"); 341.011. Texas Property Code section 92.056 states: “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.” Under Texas property codes, the landlord is responsible for a healthy as well as structurally safe building. Texas RioGrande Legal Aid - Austin Office, http://www.bedbugreports.com/city/tx-austin, When signing a lease or moving in, ask if the apartment complex has had any problems with bed bugs in the past. also find themselves legally obligated for pest control in certain situations. 341.012. They read as follows: Texas Revised Code Sec. What if my landlord retaliates against me for complaining? ABATEMENT OF NUISANCE email@example.com, Consumer Protection Notice Again, it What is the effect of a bed bug addendum? across the country, new laws are being put in place every day. The website, If you discover bed bugs, write a signed and. You are not required to sign it, but if you did, follow the directions above and take these additional steps: Failure to comply with your lease may constitute a violation and provide a basis for terminating your lease. A local Austin, TX pest control company, A-Tex Pest Management offers great advice for tenants. Pests are drawn to certain conditions. Landlords are legally responsible for what is referred to as the “implied warranty of habitability.” This means that landlords are required to maintain a livable home which includes routine pest control. In addition to shared walls and floors, apartments also share connected utilities, which create easy pathways for pests to travel. However, due to the current rise in bed bug problems This problem can quickly spread into other tenant’s dwellings such as apartment complexes. Before we A tenant may find themselves responsible if they created the pest problem. Bring the pest problem to the landlord’s attention if there is a rise in pest activity. tenant’s responsibility. … By using this website, you agree not to sell or make a profit in any way from any information or forms that you obtained through this website. Specific Bed Bug Laws in Texas Residential housing bed bug laws in Texas require that landlords remove bed bugs as soon as the landlord becomes aware of their existence on the property. If the landlord fails to act, you can sue in justice court for a court order forcing your landlord to hire a licensed exterminator, pay you back for expenses, and offset or refund your rent for the time you had to live with bed bugs. However, there are bed bug laws in Texas. With adequate proof that the tenant is responsible, the tenant will be accountable for pest control of these pests.
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