rental-property landlord health rent
Bed Bug Liability/Responsibility: Landlord or Tenant?
<p>Situation:
I'm currently paying someone monthly rent to live in one of the rooms of their house.  There is no signed contract or any records of this exchange.</p>

<p>Recently, the room I am in appears to have become infested with bed bugs.</p>

<p>I've taken reasonable steps to moderate and control this, but it is getting out of hand.</p>

<p>I am considering simply moving out.  I respect and like the homeowner, but I can't seem to eradicate the pest on my own.</p>

<p>Do I have any legal obligation to pay for a professional pest control service?  Morally, I'd like to, but I simply can't afford it.</p>

<p>EDIT: This is for the state of Texas, although I'm interested in how any jurisdiction handles this.</p>

<p>If you introduced the bedbugs, liability could flow to you by way of the landlord keeping your security deposit (if there is one) and explaining when sending you notice that a portion/all of your deposit was withheld due to you causing the infestation for the purposes of remediation. The inverse is also true, in that if you do not have a deposit, you could be sued in housing/small claims court for the infestation if you were negligent in some way (grabbed the mattress curbside and didn't put a bedbug proof sealed cover on the mattress. Since you said you rent a room, my curiosity is piqued as to whether it came with the bed (mattress). If the bed came with the room, it is almost certainly not your fault. Even when there are statutes/codes/regs delineating a  lessor's/lessee's obligations and rights re pest control (from jurisdiction to jurisdiction) they rarely exclude the right to general civil remedies.</p>

<p>I used to represent my municipality and remember reading that bed bugs are difficult to treat unless the bed is disposed of and all bedding is washed in hot water with a disinfectant and even that can not ensure their removal because if you brought them in because of access to them on a regular basis (e.g., if you are a maid at a motel), then you may continue to introduce them. </p>

<p>If the room had no bedbugs and you brought the bed in and now it does, it may be easier to prove who created the unsafe/unsettling condition, as opposed to ants, roaches, spiders, which can be introduced in myriad ways.</p>

<p>You didn't list a jurisdiction, and these things vary a good deal from locale to locale.  For example, in the U.S., here's a <a href="http://www.ncsl.org/research/environment-and-natural-resources/state-bedbug-laws.aspx" rel="nofollow noreferrer">state-by-state</a> reference.</p>
<p>Note, in some states (like Florida), the answer depends on who introduced the pests.  A landlord would be responsible unless the tenant brought the bugs in (say, in a mattress).</p>
<p>Edit:</p>
<p><strong>Texas</strong></p>
<p>The TAA's <a href="http://www.taa.org/taa-news/2459-taa-board-approves-new-bed-bug-addendum" rel="nofollow noreferrer">addendum</a> would provides structure for people on TAA leases.  However, that doesn't apply to everyone (and doesn't sound like your situation).  That said, Texas Property Code <a href="http://codes.lp.findlaw.com/txstatutes/PR/8/92/B/92.052" rel="nofollow noreferrer">§92.052</a> discusses like conditions:</p>
<blockquote>
<p>(a) A landlord shall make a diligent effort to repair or remedy a condition if:</p>
<p>(1) the tenant specifies the condition in a notice to the person to whom or to the place where rent is normally paid;</p>
<p>(2) the tenant is not delinquent in the payment of rent at the time notice is given; and</p>
<p>(3) the condition:</p>
<p>(A) materially affects the physical health or safety of an ordinary tenant; or</p>
<p>(B) arises from the landlord's failure to provide and maintain in good operating condition a device to supply hot water of a minimum temperature of 120 degrees Fahrenheit.</p>
<p>(b) Unless the condition was caused by normal wear and tear, the landlord does not have a duty during the lease term or a renewal or extension to repair or remedy a condition caused by:</p>
<p>(1) the tenant;</p>
<p>(2) a lawful occupant in the tenant's dwelling;</p>
<p>(3) a member of the tenant's family; or</p>
<p>(4) a guest or invitee of the tenant.</p>
<p>(c) This subchapter does not require the landlord:</p>
<p>(1) to furnish utilities from a utility company if as a practical matter the utility lines of the company are not reasonably available; or</p>
<p>(2) to furnish security guards.</p>
<p>(d) The tenant's notice under Subsection (a) must be in writing only if the tenant's lease is in writing and requires written notice.</p>
</blockquote>
<p>See also TX Property Code §92.056.</p>
