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Guide to Tenants Eviction Defenses on NationalEvictions.com

Posted: Nov 26, 2020
By: NatEvict
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Guide to Tenants Eviction Defenses

You may need to learn about eviction defense if you have received an eviction notice or summons and complaint, because that means you are about to be, or are, being sued.

For anyone trying to understand eviction defense, this guide provides general information about defending against eviction lawsuits for tenants, and specific details about framing legal arguments to formulate a reasonable defense for court. This guide is not meant as a “how to,” but essentially an overview of how an eviction defense is developed.

In this guide, we’ll define “eviction defense” and discuss how to prepare a defense to an eviction for the purposes of court proceedings (or trial). This includes identifying defenses against an eviction action, the purpose of each defense, and how to prove them at trial. If you’re concerned your landlord is going to evict you, or if you have been“served” an eviction notice or “unlawful detainer” (eviction lawsuit), this guide will help identify applicable defenses to an eviction case, how to use each, and how to set up an eviction defense.

OVERVIEW OF EVICTION DEFENSE

What is eviction defense? This term implies an overall defense to eviction. As we define “eviction defense,” not only we will talk about an overall defense, but also a variety of defense options, and individual and separate defenses within the overall defense. We must understand that there are separate courses of action and specific defenses that make up the overall eviction defense. There are many individual eviction defenses, and several methods to defend against an eviction action. Here, let’s define “eviction defense” as:

The overall defense to an eviction;
The available actions or responses that can be applied;
The individual and separate defenses that fall within the overall eviction defense. Otherwise known as “affirmative defenses.”
The evidence to prove the eviction defense.

CALCULATE DEADLINES

Before you take any steps, if you are being sued, make sure to calculate the deadline(s) that apply. If you have been served a summons and complaint for unlawful detainer, you will only have five (5) days to file a response in court. This is the first deadline. If any deadlines are miscalculated or missed altogether, the plaintiff (landlord) can obtain a default (automatic judgment). There is no point of having an eviction defense if the other side gets an automatic win.

UNLAWFUL DETAINER VERSUS EVICTION DEFENSE

Before we get into eviction defense, let’s take a moment to discuss the reason for it… the Unlawful Detainer (eviction lawsuit). An unlawful detainer lawsuit is a civil court action brought by a landlord to legally evict or “remove” a tenant from a property. In California, eviction cases are called Unlawful Detainers. In other states, they may be referred by a different name such as, “summary possession,” summary process,” “ejectment,” or “repossession.” In California, eviction court proceedings start when the landlord files an unlawful detainer or “UD.” The UD includes a summons and complaint. The summons is the official notice from court that the defendant is being sued. The complaint claims the allegations why the tenant should be evicted. Claims in UD cases are based on different types of evictions. For example, when a tenant does not pay rent (“non-payment or rent”). Later, we’ll go over the most common types of eviction. But, conventionally, eviction defense is to challenge versus unlawful detainer.

EVICTION DEFENSE RESPONSES

Once a defendant is served a UD, they must file a response to initiate their eviction defense. Like other civil proceedings, there are select options to defend against an eviction with varied responses. The initial response is dictated by the status of the UD. Responses to an eviction case are:

Motions to Quash;
Motions to Dismiss;
Answer;

There may be other eviction defense motions or steps, but generally, these are the most employed. Let’s briefly cover these three.

Motion to Quash
A motion to quash is used when service of the summons and complaint were not made as required by law. If the tenant was not properly served the eviction lawsuit, a motion to quash may be filed. If the motion is successful, the landlord must re-serve the lawsuit correctly.
Motion to Dismiss
If there is a legal defect with the summons and complaint, there are different types of motions to dismiss that may by filed. For example, if the landlord files the lawsuit before rent is late. We’ll cover eviction notices and how they apply later. If the motion is successful, the court may allow the landlord to make corrections or “amend” the complaint, or require a new case to be filed altogether.
Answer
The filing of an “answer” is largely used by most litigants as their only response to an eviction case. It is the fundamental eviction defense response, and at some point, must be filed in every eviction case. It is the single most important part of the eviction defense, aside the actual trial. Compared to the previously mentioned motions, which attack only specific segments of a UD, this response holds the entirety of the eviction defense. If a defense is not alleged on am Answer, it may not be later raised as a defense at trial. You use it or lose it. We’ll discuss formulating defenses for an answer later in this article.

EVICTION DEFENSE – ANSWER

As indicated above, the fundamental eviction defense response is the Answer. The Answer holds all the defenses that a defendant will make to challenge the allegations in the UD complaint. A defendant’s entire case, its arguments, defenses, and demands for recovery, are included in the Answer. If a demand or defense is not alleged in the Answer, it may not be used for trial. Therefore, it is crucial that the proper eviction defenses are claimed by the defendant and included in the Answer. Since the Answer is so crucial, we’ll examine eviction defenses that go into an Answer in more detail.

EVICTION DEFENSE BASED ON EVICTION TYPE

Let’s take a step back and study types of evictions that would be claimed in the UD. For the most part, each type of eviction has distinct types of defenses to go with it. To understand which defense applies to a specific type of eviction, we must first look at the various types of eviction.

Eviction for Non-payment of Rent
This is the most common reason for eviction. A tenant is unable to pay rent, and therefore the landlord starts an eviction for “non-payment of rent.” The applicable eviction notice a tenant receives with this type of eviction is a “3-Day Notice to Pay Rent or Quit” But, what if the reason the tenant was unable to pay rent was a result of the landlord’s actions or in-actions? For example, what if a tenant was unable to pay rent because he had to pay an excessive water bill due to the landlord’s failure to maintain the plumbing at the property? In cases involving “non-payment of rent,” tenants may also “withhold” rent because of the landlord’s failure to make necessary repairs or maintenance. Should a tenant be evicted for withholding rent? Well, if the tenant has approached this situation in the proper order, this may be an acceptable defense to eviction. We’ll talk about the numerous defenses to this type of eviction later.

Eviction for Termination of Tenancy (no-fault eviction)
Just as a tenant who may terminate their tenancy with 30 days’ notice to the landlord, California law allows landlords to do the same for tenants who live in a property of one year or less. For tenants living in a property more than a year, the landlord must give 60 days’ notice. However, in some cities under local “rent control” or “eviction control” laws, landlords are prohibited from terminating tenancy this way. Evictions legally initiated under these laws do not require any reason or “cause.” The landlord can simply choose to “terminate” the tenancy. If a tenant is unable to comply with the termination notice, the landlord may pursue an eviction in court to regain possession of the property. Evictions initiated under this reason are the toughest to defend against because they do not require any reason or “cause.” The applicable eviction notice a tenant receives with this type of eviction is either a “30 Day Notice to Terminate Tenancy” or a “60 Day Notice to Terminate Tenancy.”

Eviction for Breach of Lease or Rental Agreement
“Breach” means breaking or violating. Any time there is written rental agreement or lease, the “rules” of the tenancy are clearly stated. Typically, the written agreement outlines all the rules a tenant must follow. It is an instrument to protect the landlord and his property. Any “breach,” such as having pets when they are prohibited in the agreement, are a violation that can lead to eviction. But, what if the pet is a trained dog for a disabled tenant? We’ll talk about that later. However, any “breach” is cause for eviction. Usually, landlords notify tenants of breaches of the rental agreement, and give them an opportunity to correct or “cure” the breach. The minimum amount of time a landlord must give a tenant to “cure” a breach is three days. If a tenant is unable to comply with the notice to cure the breach, a landlord may initiate an eviction.
The applicable eviction notice a tenant receives with this type of eviction is either a “3 Day Notice to Cure Covenant or Quit” or a “3 Day Notice to Perform Covenant or Quit.” What about “oral” agreements? A tenancy may be created under an oral agreement, and nonpayment of rent can be enforced. However, it is difficult for a landlord to prove there was a breach of oral agreement for most anything other than rent. This may also work against a tenant because the landlord can simply change terms later. If terms have been changed in writing, these would be legal even if the original rental agreement was oral.

Eviction after Foreclosure
There are two types of eviction that fall under the “Eviction after Foreclosure” category. The first is when the owner of a property defaults on his mortgage and the bank forecloses. The home is then sold, and the new owner initiates eviction based on a “Three-Day Notice to Quit” under This type of 3-day notice is different from a three-day notice to pay rent-or-quit because there is no alternative except “quit.” The only way the previous home-owner can comply with the notice is to move-out within three days. The second type of eviction under this category is related to tenants of the foreclosed owner. Often, properties are leased to tenants by an owner who later defaults on his mortgage. The tenant may be paying rent on time, and is otherwise a “good tenant.” But, after the foreclosure, the new owner may initiate an eviction anyway. Under this type of eviction, tenants must be afforded the same process to terminate tenancy under law. If a tenant has a fixed-term lease, even with the previous foreclosed owner the property, that lease may continue. However, under some circumstances, even with a lease, the tenancy may be terminated with a 90-day notice.

Eviction for Tenancy At Will
A “Tenancy At Will” is basically a person who lives at a property for an indefinite period without ever paying rent. ex of case law:(Covina Manor v. Hatch (1955) 133 CA2d Supp 790). Usually, a tenant-at-will is a relative who lives with another for free. For example, an adult child living with parents. This type of tenancy only requires a 30-day notice no matter how long the tenant has resided at the property.

There are other unusual types of eviction. But, for the purposes of this guide, we will focus on the most common as listed above. In the next section, we’ll look at some of the eviction defenses and how they apply to these evictions.

EVICTION DEFENSES

Previously, we covered the types of evictions and the notices required for each. In this section, we will discuss various eviction defenses, or “affirmative defenses,” to each eviction type. There are literally hundreds of affirmative defenses to an eviction case.

In a civil lawsuit, the defense a defendant would use is referred to as “affirmative defense.” An affirmative defense is a FACT, which if proved, defeats a case or charge. Some affirmative defenses are relevant to any kind of eviction (e.g. retaliation), and others are only applicable to a specific eviction type. Here, we will provide samples of some common affirmative defenses separated under eviction type, describe each, and show examples of how they may be applicable.

1. Defenses to Eviction for Non-Payment of Rent

a)	Defense	“Landlord Refused to Accept the Rent”
	Description	This eviction defense is exactly what it sounds like… the landlord refused to accept the rent.
	Example	Tenant was served a 3-day notice to pay rent or quit on the 6th of the month for rent due on the 1st of the month. On the 8th of the month, the tenant delivered rent in full by cashier’s check to the landlord, but the landlord refused to take the cashier’s check. Then, the landlord still proceeds with evicting the tenant.
b)	Defense	“Landlord Waived or Cancelled the Notice to Quit”
	Description	The landlord accepts full or partial rent during or after Notice, or agrees to allow the tenant to pay rent at a later date.
	Example	Tenant was served a 3-day notice to pay rent or quit on the 6th of the month for rent due on the 1st of the month. On the 9th of the month, the tenant and Landlord made an agreement that rent would be paid by the 21st of the month. The tenant pays the rent, or attempts to pay the rent, in full on the 21st. But, the landlord still moves forward with eviction process.
c)	Defense	“Plaintiff Breached the Warranty to Provide Habitable Premises”
	Description	The landlord fails to provide adequate housing conditions, and poor conditions of the property render it un-livable or sub-standard
	Example 1	Prior to Notice, the tenant notified the Landlord regarding a bedbug infestation (a serious health hazard), and the landlord fails to remedy the infestation. The tenant then notifies the landlord that rent will be not be paid because the conditions continue to exist. Instead of taking care of the bedbugs, the landlord moves forward with evicting the tenant.
	Example 2	Prior to Notice, Tenant notifies Landlord regarding a leaking roof, and the landlord fails to make any repairs. The tenant then notifies the landlord that rent will be not be paid because the conditions continue to exist. Instead of making any repairs, the landlord moves forward with evicting the tenant.
d)	Defense	“Retaliation”
	Description	Action taken against a tenant in response to a tenant’s rightful action.
	Example	Tenant reports needed repairs to the landlord, but the landlord makes no repairs. After giving the landlord enough time, the tenant makes repairs and deducts the cost from rent. The landlord then initiates eviction proceedings for full amount of rent.

There are many other eviction defenses for non-payment of rent. For more information, contact an eviction attorney, or call us for assistance.

2. Defenses to Eviction for Termination of Tenancy

a)	Defense	“Defective Notice”
	Description	The 30-Day notice does not provide the tenant with thirty days.
	Example	Tenant was served a 30-Day notice on the 5th of the month that requires move-out by the 30th of the same month.
b)	Defense	“Landlord Waived or Cancelled the Notice to Quit”
	Description	The landlord accepts full or partial rent during or after Notice.
	Example	Tenant was served a 30-Day notice on the 29th of the previous month that requires move-out by the 30th of the following month. However, Landlord accepts rent on the 30th of the following month, and continues to file an eviction lawsuit.
c)	Defense	“Retaliation”
	Description	Action taken against a tenant in response to a tenant’s rightful action.
	Example	Tenant reports Landlord to the health department for bedbug infestation, then Landlord evicts tenant with 30-Day Notice.

There are a limited number of eviction defenses for evictions based on Termination of Tenancy.

3. Defenses to Eviction for Breach of Lease or Rental Agreement

a)	Defense	“Estoppel”
	Description	After Notice, Landlord agrees with Tenant that breach is no longer an issue, causing Tenant to believe there was no longer a breach.
	Example	Tenant was served a 3-Day Notice to Cure or Quit on the 15th of the month for having an unauthorized pet. On the 17th of the month, Landlord and Tenant come to an agreement where Tenant is given permission to keep the pet.
b)	Defense	“Waiver”
	Description	The landlord accepts full or partial rent during or after Notice expires.
	Example	Tenant was served a 3-Day Notice to Cure or Quit on the 20th of the month for having an unauthorized pet. On the 1st of the following month, Landlord accepts rent payment.

4. Defenses to Eviction after Foreclosure

a)	Defense	“Failure to Provide”
	Description	Prior to foreclosure, the lender fails to serve a Notice of Trustee Sale.
	Example	The occupant of the foreclosed home was never provided notice of trustee sale because it was not posted to the door of the property and/or mailed by first class. The lender or new owner then initiates an eviction of the occupant(s).
b)	Defense	“Improper Notice”
	Description	The tenant who pays rent of the foreclosed home is not served proper 90-Day notice of eviction.
	Example	Tenant of the foreclosed property (the tenant of the foreclosed owner) is served an eviction notice that is less than 90 days.

5. Defenses to Eviction for Tenancy At Will

a)	Defense	“Defective Notice”
	Description	The 30-Day notice does not provide the tenant with thirty days.
	Example	Tenant-at-will was served a 30-Day notice on the 3rd of the month that requires move-out by the 30th of the same month. On the 1st of the following month, the landlord files an eviction case.

6. Miscellaneous Defenses to Eviction

a)	Defense	“Act of God”
	Description	There was a “superhuman” cause, such as an earthquake, fire, flood, terrorism, that prevents the tenant from fulfilling an obligation.
	Example	Tenant could not move-out because a fire destroyed the new residence and prevented tenant from moving there.
b)	Defense	“Failure of Condition Precedent”
	Description	Tenant could not perform his obligation because the landlord did not perform his obligation first.
	Example	The landlord failed to remove previous tenant, which was required by the terms of the agreement before tenant was obligated to pay rent.

Again, these are just a few examples of eviction defenses that may be used for an Answer. Of course, there are many others that may apply to a particular case, or circumstance. Remember, you must be able to prove these defenses to succeed in court.

FORMULATING AN EVICTION DEFENSE

Finally, after understanding the eviction types and affirmative defenses applicable to each, we now look at the remaining components to formulate an eviction defense. The landlord must prove the claims made in the UD. In turn, the defendant (tenant) must also prove each affirmative defense. Obviously, in any court case you must have proof like evidence and witnesses.

Eviction Defense Response A written response must be made to begin an eviction defense. At minimum, there must be an Answer filed. The Answer contains the total defense to the eviction, as we previously covered. The rest falls into supporting the eviction defense that is outlined in the Answer.
Evidence for Eviction Defense Every court case needs evidence to prove its argument. In eviction cases, the landlord is going to present documents as their primary source of evidence to prove their case. As an example, if we use the eviction type of “non-payment of rent,” landlords in these actions are going to present:
- Lease Contract (if any) with the defendant’s signature;
- Payment Ledger or accounting of rent payment, showing checks that were signed by the defendant;
- The 3-Day Notice to Pay Rent or Quit that was served on the defendant;
- Proof of service of the 3-Day notice;
- Any correspondence (including emails and texts) to and from the defendant.
The tenant will need to present evidence to prove their affirmative defense to rebut the landlord’s claims. Based on the above example, if we use the affirmative defense of “landlord refused to accept the rent” as an affirmative defense, the tenant must present:
- - A verifiable form of payment, such as a cashier’s check or money order, dated on or before the due date, or;
  - Proof of mailing payment to the landlord postmarked on or before the due date, or;
  - Proof of deposit into an account on or before the due date, or;
  - A letter, voicemail, or text from the landlord conveying the refusal.
The evidence required for an adequate eviction defense may differ in scope than what’s listed above. But, having documentation is solid form of evidence. In this example, there is nothing better than showing the court proof of a cashier’s check for the rent dated when due.
Witnesses for Eviction Defense Continuing with the same example for “non-payment of rent,” landlords in these actions are most likely going to present themselves, or their property manager, as the primary or only witness. The landlord/landlord’s witness normally testifies to:
- Prove the existence of a rental agreement between the landlord and defendant;
- Prove the defendant is a tenant;
- Prove the defendant was required to pay rent as agreed;
- Prove the defendant did not pay rent;
- Verify service of the 3-Day notice;
- Prove any of the evidence listed above.
The tenant will need to present witnesses as well. The tenant is usually the only witness. Although, when there are others who can attest to the tenant’s argument (ideally two or more persons), they may also be presented as witnesses. Again, using the example affirmative defense of “landlord refused to accept the rent” as an affirmative defense, the defense witnesses must:
- Prove the defendant is not a tenant, or;
- Prove the defendant was not required to pay rent, or;
- Prove payment was attempted and refused on or before the due date, or;
- Prove payment was mailed on or before the due date.
Be careful! Many of our clients think that witnesses are solid proof, and the court will accept a witness’s statement as fact. This is not true. Be careful who, and for what, you decide to bring a witness. If you bring your spouse to court as a witness, their statements may be considered biased because they are on your side. Witness statements are not as reliable as verifiable documents, like a bank’s cashier check.

In conclusion, a lot goes into a proper eviction defense. From understanding the various reasons for eviction, to formulating a proper eviction defense, there is a tremendous amount of information needed to understand the intricacies. Check back with our website soon, we are in the process of putting together supplementary information that will add more details to this guide.

Tenant Forms for Answering and Defending an Eviction

Find Forms in your State and other Official Forms. for defending the Eviction.

When a Tenant is served a Summons and Complaint in an Eviction or Unlawful Detainer they are required to answer the eviction lawsuit. All forms found on NationalEvictions are through our partner, US Legal and US Legal Forms.

Tags: Eviction Information

Who’s responsible for pest control? Is it the landlord, or the tenant?

Posted: Oct 29, 2020
By: NatEvict
Comments: Comments Off on Who’s responsible for pest control? Is it the landlord, or the tenant?

Who’s responsible for pest control? Is it the landlord, or the tenant?

A pest infestation can really wreak havoc on your life. Not only can pests damage your home and garden, but they can also be a serious health hazard. It’s always in your best interest to get rid of any infestation as quickly as possible.

The laws around this pest control responsibility vary widely by state. We did the legwork of running down all of the relevant laws we could find for all 50 states and compiled them into this article. We’ll cover some general information you should be aware of regarding the law, what the law says in your state, and what options you have as a tenant if your landlord is refusing to provide pest control services.

General Overview of Pest Control Responsibility

Who is responsible for pest control costs can depend on what the pest is and how it got into the dwelling.

Tenants are often responsible for pests that come in as a result of their actions. For example, if you get ants because your apartment is a mess with food spillage all over, you’ll likely be on the hook for extermination costs for your unit and possibly the entire building.

On the other hand, things like seasonal pest control that needs to be done every year, or treatment for pests like mice, rats, and termites, that may infest through no fault of the tenant.

It’s usually impossible to determine the origin of an infestation with great certainty. If you’re being told you caused the infestation, I would recommend talking to a lawyer and never admitting to causing an infestation to keep yourself off the hook.

Warranty of Habitability

In almost every state, landlords must maintain a certain standard of living in their properties. This doesn’t mean the place will be fancy (or even nice), but it must be “habitable”. This called a warranty of habitability.

It is an implied agreement that basically says “you’re renting this property to live in, therefore, it’s obvious that the property should be in a livable condition”. Each state may have its own written warranty of habitability, but unfortunately, they usually don’t explicitly talk about pests.

Sometimes a State will have other laws on the books giving more clarity around pest control. If not, you’re in a bit of a legal grey area but you can usually fall back on a warranty of habitability which suggests the landlord should remedy the situation.

In general, it’s the landlord’s job to make sure the building is up to code and habitable. If you do report a pest issue, your landlord is required to check with other tenants in the building in case the pests spread.

It’s then up to the landlord to identify and remove the pest. In some cases, the landlord may try some DIY pest removal strategies. This is usually legal but some states may demand a professional service is hired.

Landlords are also responsible for some aspects of pest prevention, like seasonal pest control (when applicable), maintaining cleanliness in any common areas, or fixing pest-attracting water leaks. Some laws also require landlords to educate their tenants on pest prevention through direct education or informative handouts. This is important since tenants are the ones in the building every day.

Responsibility by State

Alabama

Alabama law explicitly states that landlords must “comply with the requirements of applicable building and housing codes materially affecting health and safety; make all repairs and do whatever is necessary to put and keep the premises in a habitable condition.”

This means that most pest control issues fall on the landlord. However, the tenant portion of the law also states that tenants must keep their part of the property clean, so in obvious cases of pests caused by uncleanliness, tenants may be held accountable.

Alaska

According to the Alaska Landlord and Tenant Act, most pest control projects fall under “property maintenance duties.” They specify that landlords must provide: “extermination service if roaches, rats, mice or other pests infest the building, apartment or property.”

This is good news for renters, since it means that in most cases, landlords will be responsible for the removal of the pests, even if they infest the property after you move in.

Arizona

The Arizona Residential Landlord and Tenant Act is a bit unclear on the responsibilities for pest control. Vermin is on the list of conditions the law deems as affecting health and safety within the home. This places responsibility for these infestations on the landlord under the warranty of habitability.

However, the only mention of insect pests is bed bugs. In this case, the law requires the landlord to disclose any bedbug infestation and not enter into a lease agreement on a property with a known infestation. They must also educate their tenants on signs of bed bug infestation. However, there is no clear assignment of responsibility for infestations that occur after moving in.

Arkansas

The law in Arkansas has little to say about pest control. Arkansas is the only state that does not have a warranty of habitability. The law also states, “When you rent a house or apartment, you usually agree to take it ‘as is.’ This means that the landlord is not required to provide additional maintenance to the dwelling.”

This law causes a lot of issues for renters in Arkansas getting stuck with the bill for pests like bedbugs, which are almost always the landlord’s responsibilities in other states. If you are preparing to rent in Arkansas, be aware of this and make sure that the terms of pest control are clear in the lease.

California

The situation in California is good for renters. According to the California Guide for Tenants, landlords are responsible for maintaining a warranty of habitability, which covers both seasonal pest treatments and handling of infestations.

However, the law also lays out a standard series of tenant responsibilities that include maintaining cleanliness. So a tenant can be held responsible for pest control treatments if they failed to do this and it caused an infestation.

Colorado

The warranty of habitability in Colorado specifically states that a dwelling can be declared uninhabitable if it is lacking “appropriate extermination in response to the infestation of rodents or vermin throughout a residential premise.” This means pest control falls on the landlord unless the infestation is caused by the tenant.

The only insect pest with specific legislation is bed bugs. In this case, tenants must immediately notify their landlord, who then has 96 days to respond to the problem.

Connecticut

Connecticut has in place an implied warranty of habitability, so the law here works similarly to other states with such a warranty. Landlords are explicitly required to provide “extermination service if the apartment is infested with pests or rodents.”

However, tenants are required to keep their apartment clean, so there is some ambiguity if the tenant causes the infestation. Be aware of this when going into a lease in Connecticut.

Delaware

Delaware doesn’t mention pests in their Residential Landlord-Tenant Code. The state has an implied warranty of habitability, requiring landlords to “keep in a clean and sanitary condition all common areas of the buildings, grounds, facilities and appurtenances thereto which are maintained by the landlord; Make all repairs and arrangements necessary to put and keep the rental unit and the appurtenances thereto in as good a condition as they were, or ought by law or agreement to have been, at the commencement of the tenancy”

The law also protects tenants withholding rent in the appropriate circumstances. However, this does not apply in cases where the tenant causes the damage.

Florida

Florida has clear laws on pest control responsibility (more clear than most other states). Included on the list of landlord responsibilities is “The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent.”

That last part means that you won’t ever be paying rent on a building you can’t live in, but the landlord doesn’t have to pay for your hotel either. This can be tough if you don’t have family or friends close by, but it’s better than being stuck with the whole bill.

Georgia

There are no clear laws around pest control in Georgia. There is an implied warranty of habitability in place, but no specific legislation for pests. This includes those that are usually not caused by tenant actions like bed bugs).

This means it is extra important to check your lease every time you are ready to rent. In cases that don’t directly influence the health and safety of the home, landlords have no explicit legal responsibility in Georgia. Keep this in mind to avoid ending up with a hefty pest control bill.

Hawaii

The policies for Hawaii are unclear as far as pest control goes. While landlords are required to maintain habitable conditions, including cases of emergency repair, there is no specific mention of pest control or extermination Hawaii law.

In cases like this where the laws are unclear, it’s especially important to check the lease. The lease will often lay out certain terms for pest control, and if they don’t that’s a red flag.

One property management company in Hawaii only holds landlords responsible for pest control if the infestation is found within 10 days of move-in. Otherwise, they blame the tenant.

Idaho

Idaho law specifically indicates “insect infestations” on the list of issues a landlord must address under the warranty of habitability. As in other states, it is important to follow proper procedure when reporting these infestations. In Idaho, you need to provide the landlord with a written list of issues, then give them three days to begin addressing the problem before pursuing a lawsuit.

Illinois

Illinois has an explicit policy on pest control. That policy is that pest control is the landlord’s responsibility, but “if you are identified as the cause of the infestation, the landlord might refuse to exterminate or may charge you for extermination.”

While the above policy is for the whole state of Illinois, Chicago also passed a law about bed bugs. This is because bed bugs spread rapidly and so they can quickly become a problem for whole buildings and complexes in densely-populated cities.

Luckily for tenants, the law holds landlords financially responsible for clearing the infestation, as well as educating tenants about the prevention of bed bugs. However, there are some conditions. Tenants have to notify their landlords within 5 days of seeing the first bed bug, and must also comply with some basic prevention policies like bagging up belongings and making appropriate preparations for inspections and treatments.

Indiana

There’s no clean-cut allocation of responsibility under Indiana law. There is an implied warranty of habitability, and the law states that landlords are responsible for keeping common areas clean and doing necessary repairs. It also states that tenants are responsible for keeping their own apartments clean.

So the nitty-gritty of who pays for pest control is, like in other states with ambiguous laws, ultimately down to the lease. Make sure to review it carefully and look for any loopholes that could leave you with an expensive pest control bill if you get an infestation.

Iowa

Iowa has an explicit warranty of habitability, which is good news for tenants since it means that many pest control issues fall under that. However, the warranty doesn’t specifically mention insects or vermin, so they may not always be the landlord’s responsibility. Particularly if the infestation occurs some time after moving in.

As in any state where the responsibilities are ambiguous, check your lease. A warranty of habitability has room for interpretation. Don’t assume you are protected in every circumstance.

Kansas

At the state level, Kansas law doesn’t get involved at all in issues of pest control. They leave it up to individual cities, so check the laws where you are planning on renting.

The Kansas Tenant Handbook uses Topeka as an example of common rules of responsibility regarding pest control. In Topeka, landlords must make sure properties are pest-free before renting, but beyond that, it’s the tenant’s problem. Be careful if you’re planning to move to Kansas, because other cities may have similar laws.

Kentucky

Kentucky has a warranty of habitability that states that a landlord must “comply with the requirements of applicable building and housing codes materially affecting health and safety; make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”

This puts implied legal responsibility on the landlord for pest control issues, since these affect health and habitability. But as always, check your lease and any city laws to avoid getting cheated.

Louisiana

Louisiana laws are unclear as far as pest control responsibility. The closest the state comes to mentioning it is in their guide to preventing and treating for bed bugs for tenants and landlords.

The guide is a good resource on pest control, but not great on the law. They do suggest that landlords hire professionals to get rid of infestations and that tenants report problems to their landlord, so the implication there is that, at least for bed bugs, landlords are usually responsible for pest control in Louisiana.

Maine

Maine has explicit laws for bed bugs. Landlords cannot rent properties containing bed bugs and must remove the pests if they appear. Meanwhile, tenants are obligated to report any bed bug infestation in a timely fashion.

While the rules don’t explicitly extend to other pests, the laws around bed bugs are a good sign. Plus bed bugs are some of the worst pests to get rid of anyway, so it’s good they are protected under law.

Maryland

According to Maryland law firm Whitney, LLP, “Maryland law requires residential apartments to be free of all insect infestations, including bed bugs, at the time the lease begins,” and “When landlords have a duty to fix the infestation and do not do it promptly, they are negligent.”

That said, the government website is a bit less clear on the issue, and the lawyers would have a stake in exaggerating the laws. Make sure to check your lease anyway and discuss these issues with your landlord or local housing authority.

Massachusetts

According to Massachusetts Law Updates (a government blog), “In Massachusetts, landlords are responsible for eradicating insects” in accordance with local health codes. This is good news for tenants since it puts pest control responsibility explicitly in the hands of the landlord in most situations.

Michigan

Michigan law doesn’t mention insect pests specifically, however, according to a government-issued manual on bed bugs, “Owners are responsible for keeping the entire building free from vermin. Tenants are responsible for the cleanliness of those parts of the premises that they occupy and control.”

So it sounds like it works the way it does in many states: landlords handle most pest issues, but are not responsible for tenant-caused infestations.

Minnesota

Minnesota law does not explicitly mention pest control, but there is an implied warranty of habitability. More specifically, the law states that landlords must ensure “that the premises and all common areas are fit for the use intended by the parties,” and they must “keep the premises in reasonable repair during the term of the lease or license, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant.”

So in Minnesota, it’s implied that pest control is the landlord’s responsibility, because this would fall under being fit for use. But since it is not explicit, make sure to check your lease and discuss it with your landlord.

Mississippi

Mississippi is a bit of a mystery. We didn’t find any solid government sources for information about pest control responsibility for tenants and landlords.

There is information available from the Mississippi Bar about general responsibilities for tenants and landlords, but these don’t really extend beyond common sense. So make sure you clarify these points with your landlord before signing any lease agreement.

Missouri

Missouri is another state where you might want to check your lease rather than relying on the law to help you. The responsibilities laid out in Missouri’s-Landlord Tenant Law don’t really refer to pest control.

However, there is an implied warranty of habitability, and tenants are responsible for maintaining cleanliness of their dwellings, so varies by case based on the source of the pest. When in doubt, make sure to get everything in writing in your lease so there are no surprises.

Montana

According to Montana Law Help, landlords do not have an obligation to inform tenants of a history of bed bugs in the apartment. However, they are required to exterminate them if you find them.

The exception is if the bed bugs can be proven to be caused by the tenant or one of their guests, which is all but impossible when the infestation spreads to multiple dwellings in a building. The law does not explicitly apply to other pests, but these fall under an implied warranty of habitability, so prospects look good for Montana renters.

Nebraska

Nebraska has no pest control laws on the books, but properties in the state are protected under an implied warranty of habitability. The Landlord and Tenant Handbook from Legal Aid of Nebraska states that you may even be able to move out of your apartment without consequence if you notice problems early enough.

However, they also advise to go through your lease carefully. This is important in any state (and there are quite a few on this list) that is vague on its laws regarding pest control responsibility.

Nevada

In their warranty of habitability, Nevada mentions “Building, grounds, appurtenances and all other areas under the landlord’s control at the time of the commencement of the tenancy in every part clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin” as a condition of habitability.

However, this only explicitly refers to the time the tenancy begins. This means there could be some ambiguity if there is a pest infestation after the fact. In general, don’t rely on this law and make sure to look carefully through your lease.

New Hampshire

New Hampshire actually amended their tenant-landlord laws for pest control in 2013. This amendment made bed bug infestations the explicit responsibility of the landlord to deal with, as long as the tenant has notified the landlord appropriately and does not deny access to the dwelling for inspection and extermination.

However, the landlord can collect the cost of the remediation if the bed bug infestation is the fault of the tenant.

New Jersey

According to New Jersey legislation, “The owner of a multiple dwelling, with the cooperation of tenants, is in the best position to coordinate the extermination of bedbug populations in that multiple dwelling.” This puts responsibility in the hands of the landlord.

As in other states, the laws are specific to bedbugs, but may be applicable to other pests as well. As always, discuss your lease with your landlord and a lawyer if possible.

New Mexico

New Mexico has an implied warranty of habitability, requiring landlords to maintain properties in a habitable condition (and thus free from pests). However, the laws don’t mention insects explicitly.

One thing the law does mention is rent abatement. The law protects tenants withholding rent if landlords have not made necessary repairs, which makes it much enforcing the warranty of habitability a lot easier for tenants.

New York

New York’s Housing and Maintenance Code, Subchapter 2, Article 4, states that tenants have the right to a bedbug-free living environment. Landlords even have to disclose a history of bed bugs. A bed bug infestation is a serious violation and landlords have 30 days to deal with the problem.

While these laws are about bed bugs rather than pests in general, in general it shows that New York is a good state for enforcing their warranty of habitability. So while you’re unlikely to get your pest control paid for if the infestation is your fault, you should be covered in most cases.

North Carolina

North Carolina law is pretty explicit about bed bugs, but the law is not always a great deal for tenants. According to House Bill 721, landlords must hire an inspector to confirm there are no bed bugs before renting. If they fail to do so and a tenant finds bed bugs within 60 days of move in, it is the landlord’s responsibility.

Other than that, the law seems to indicate it’s up to the tenant to pay for it. It’s not clear on what happens for other pests, but bed bugs are one of the worst pest infestations, so this is not a good sign.

North Dakota

As in many states, the law in North Dakota makes no mention of pest control. However, there is an implied warranty of habitability, which states that landlords must keep buildings up to health and safety codes and make the necessary repairs to see if they aren’t.

Most pest infestations can fall under this warranty, but just in case, make sure to check your lease since the laws are not explicit in this state.

Ohio

Landlords in Ohio have to keep buildings safe and habitable under an implied warranty of habitability, as is the case in many other states. This means most pest control issues should be the landlord’s responsibility.

This is not true if it’s the tenant’s fault. In fact, Ohio takes this one step further and allows landlords to repossess apartments if there is a violation of a health code that is “primarily caused by any act or lack of reasonable care by the tenant, or by any other person in the tenant’s household, or by anyone on the premises with the consent of the tenant.” This could spell trouble for bad pest problems, so watch out.

Oklahoma

There are no explicit laws around pest control in the state of Oklahoma. In fact, there isn’t even a solid ruling on whether pests like bed bugs constitute a public health nuisance. So while landlords cannot rent apartments with known infestations, there’s not much legal recourse for refusing to exterminate bed bugs if the infestation is found well after moving in.

So as always, be aware of the terms of your lease. Discuss these issues with your landlord so you don’t end up with an unpleasant surprise.

Oregon

Oregon does mention “rodents and vermin” in their warranty of habitability. So it’s safe to assume that apartments must be rented pest-free and any pests that are the result of negligence by the landlord will be their responsibility.

However, the law doesn’t provide clear guidance beyond that. So, as always, make sure to look through your lease carefully and talk through the details with your landlord and a lawyer if possible, just to be on the safe side.

Pennsylvania

Pennsylvania rented dwellings are protected under an implied warranty of habitability. This means that landlords are often responsible for pest removal since pests like bed bugs make a dwelling unsafe and uninhabitable.

But because there are no explicit laws, this is another state where it’s important to make sure to get these types of issues in writing ahead of signing the lease. Even if it’s right for landlords to take responsibility, it’s harder to enforce a law that doesn’t quite exist.

Rhode Island

Rhode Island Law covers a few different possible extermination situations with different responsibilities for each. If you live in a single-dwelling unit and get a pest problem, the responsibility is shared among all occupants. However, if you live in a multi-dwelling unit and the problem only affects your section, then you are responsible. If the problem affects multiple dwellings (more than two), it is the landlord’s responsibility.

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.

South Carolina

Like some other states, South Carolina’s pest control laws are focused on bed bugs, but it can be reasonably inferred that they’d apply elsewhere too.

The law puts the responsibility on the landlord if the pest problem was present in the home before renting and not disclosed. However, the responsibility is the tenant’s if the infestation proves their fault. This is a bit difficult to prove with bed bugs, especially since they spread through buildings quickly, so hopefully this will favor the tenants in many cases.

South Dakota

Not much specific legislation on pest control in South Dakota. There is an implied warranty of habitability, which should cover insect infestations. Like many other states, this excludes situations that are the tenant’s fault.

One interesting rule in South Dakota is that landlords can hold tenants responsible for repairs in exchange for rent. The allowable monetary value of the repair is not clear, though. So watch out for this rule in case it’s possible for a landlord to hold tenants responsible for repairs or pest control that end up being more expensive than the rent.

Tennessee

Tennessee law puts part of the responsibility for pest control directly on the landlord, but it puts a limit on it. The law states, “Every multiple dwelling or rooming house shall be kept reasonably free of household vermin provided that the landlord shall not be required to carry out treatment measures more than twice per year.”

In general, this probably shakes out to the same laws as other states, where landlords handle pest control unless it’s the tenant’s fault, but watch out. The phrasing of this law may cause landlords to try to get out of treating bad pest infestations that require multiple treatments.

Texas

Texas Property Code Title 8 requires landlords to make repairs if they affect the health and habitability of the building, which would generally include insect problems. Tenants must notify the landlord in writing of the problem.

The law does not seem to specify pest control as a repair, but Texas Law Help states that landlords are required to get rid of bed bugs unless they are proven to be the tenant’s fault, presuming rent is up to date and the landlord was notified in writing. However, they do not cite the specific legislation, so take that with a grain of salt.

Utah

It is a bit difficult to get good online information on the law in Utah directly, but American Apartment Owners Association provides a pretty good summary.

In short, Utah operates under a warranty of habitability, so landlords have to keep properties safe and healthy. The site even goes on to state that landlords are responsible for “taking care of bug infestations,” but they don’t specify much further than that.

Since the legal information is a bit hard to access, make sure to check your lease and get legal advice if necessary. You should never make all of decisions entirely based on third party information (including this article).

Vermont

Vermont law requires tenants and landlords to each take responsibility depending on the origin of the infestation. The law states, “The owner of a dwelling shall be responsible for extermination of any infestation in any dwelling unit when infestation in a dwelling unit is caused by his or her failure to maintain the dwelling or infestation exists in two or more of the dwelling units in any dwelling.”

But it also states “The occupant of each dwelling unit shall maintain that part of the dwelling he or she exclusively occupies free from infestation and shall be responsible for extermination when the infestation is caused by his or her failure to maintain the dwelling unit”

So whole building problems and problems from poor building maintenance are the landlord’s problem, but if you bring pests in, it’s up to you to get rid of them.

Virginia

Like many states, Virginia does not have a law on the books for pest control responsibility. That said, there is an implied warranty of habitability, so landlords “are required to follow building and housing codes affecting health and safety, and to make all repairs needed to keep the place fit and habitable.”

So make sure to make it explicit in the lease, but in general the law is on your side. Most pests are violations of health and safety codes, so these are the landlord’s responsibility

Washington

Washington law states that landlords must, “provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single-family residence, control infestation during tenancy except where such infestation is caused by the tenant.”

So if it’s not your fault you have pests, it’s up to the landlord to get rid of them. Excellent news for tenants.

West Virginia

Pest control responsibility has been a source of controversy in recent years. Because there is no specific law on the books about pest control responsibility, other than an implied warranty of habitability, landlords have been able to get out of paying for pest control, specifically for bed bugs.

In 2017 the Attorney General wrote a letter regarding this issue declaring that the practice was deceptive and illegal. So hopefully it happens less now. However, the laws around pest control have not changed, so dishonest landlords may still be attempting to cheat their tenants like this.

Wisconsin

Wisconsin doesn’t mention pests in their legislation, but the implied responsibility is the landlord’s. The law states that all landlords must make necessary repairs in their properties and ensure their homes are up to health and safety codes. Pest infestations tend to defy these codes, so this puts pest control under that legislation.

The exception to this law is “repairs made necessary by the negligence of, or improper use of the premises by, the tenant.” So like in many other states, if you brought the pests in, you have to get rid of them. Interestingly, Wisconsin law states that landlord’s have a responsibility to remaining tenants even if one tenant causes an issue. So if you get a pest because of your neighbors’ lack of cleanliness, you are still off the hook.

Wyoming

Wyoming is another state with an implied warranty of habitability, but not much else. This means the only legal obligation landlords have towards pest control is in cases where it influences the health and safety of the building.

This can be subjective, so always look at your lease in advance and discuss pest control responsibility ahead of time so you don’t get cheated. Check the laws in your specific city as well – since there may be city legislation that offers some clarity.

If Your Landlord Doesn’t Fix the Problem

Unfortunately, even if the law states that it is the landlord’s responsibility to fix a certain pest problem, they may try to get out of it. Remember, a dishonest landlord doesn’t have an immediate need to get the pests out of the apartment because unlike you, they do not necessarily live in the building. This is especially true in large apartment complexes.

But this doesn’t mean there’s nothing you can do. Here are some steps you may need to consider if you’re having a pest control conflict with your landlord.

Note: this is not legal advice and you should always consult with a lawyer when in this situation.

Breaking the Lease

Remember earlier when we told you to check your lease? If the lease is on your side, you may be able to get out of it legally. Breaking a lease usually involves big legal and financial consequences. However, this is not so true if the landlord has gone back on his responsibilities.

This should generally be done only after attempting to solve the issue directly with the landlord. You can also file a formal complaint to the city or state health department. They will issue a violation to your landlord if their inspection determines that your complaint is valid. Breaking a lease this way generally involves giving your landlord written notice. You may also have to wait a certain amount of time depending on your state.

Withholding Rent

If you haven’t had to do it before, rent withholding sounds like something unethical or illegal, but it’s actually perfectly legal in the right contexts. Rent withholding was actually designed to protect vulnerable renters from abusive landlords.

However, don’t just stop paying and stay silent when you plan to do this. It’s important that you have done your homework so that what you do is legal and not cause for an eviction. You should do this only after the landlord has already had a chance to fix the problem and has failed.

Withholding rent typically means you’re setting aside your rent payments and will only release them to your landlord when they remedy the problem. This doesn’t mean you get to skip rent payments or even spend that money. You should be able to show you still have it set aside and it’s not a matter of not being able to afford to pay.

In general, you need to notify your landlord in writing if what you intend to do, which also gives them one last chance to fix the problem. Whatever you do, notify your local housing authority so they can help you. Do not make any rash decisions about rent withholding – you could end up evicted (even if it’s not your fault!).

Lawsuit

This should generally be a last resort option for handling a pest issue. Individual lawsuits are tremendously time consuming and expensive, and often don’t resolve in favor of tenants because they usually can’t afford the associated legal costs.

Where lawsuits make more sense is when the infestation affects whole buildings or complexes. In this case, a class-action lawsuit can pit you and your neighbors against the landlord. These cases more often resolve favor of the tenants or settle out of court. It’s much easier to prove that a landlord has violated a warranty of habitability when pest issues affect many people in separate apartments.

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Who’s responsible for pest control? Is it the landlord, or the tenant?

Who’s responsible for pest control? Is it the landlord, or the tenant?

General Overview of Pest Control Responsibility

Warranty of Habitability

Responsibility by State

Alabama

Alaska

Arizona

Arkansas

California

Colorado

Connecticut

Delaware

Florida

Georgia

Hawaii

Idaho

Illinois

Indiana

Iowa

Kansas

Kentucky

Louisiana

Maine

Maryland

Massachusetts

Michigan

Minnesota

Mississippi

Missouri

Montana

Nebraska

Nevada

New Hampshire

New Jersey

New Mexico

New York

North Carolina

North Dakota

Ohio

Oklahoma

Oregon

Pennsylvania

Rhode Island

South Carolina

South Dakota

Tennessee

Texas

Utah

Vermont

Virginia

Washington

West Virginia

Wisconsin

Wyoming

If Your Landlord Doesn’t Fix the Problem

Breaking the Lease

Withholding Rent

Lawsuit

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