Legal Question in Landlord & Tenant Law in Missouri

My house in the last two months has become infested with bedbugs.....we aren't dirty people. I asked my landlord if he would pay for an exterminator and he refuses threatening to evict us if we dont pay rent. I dont think we should have to pay unless he takes care of this problem. Does this fall under the warranty of habitability?


Asked on 8/18/14, 10:19 am

1 Answer from Attorneys

Anthony Smith LawSmith

If it were roaches, ants or spiders, it would be an easier case for you . But, headlice and bedbugs are often thought to be from the actions and outside exposures of the tenant. If you are a new tenant, or this is furnished unit, you might claim that bedbugs were present before you and your stuff came in. But, if the bedbug problem (that you have documented) remains after you leave, you might have to give up part of your security deposit for extermination.

There is no guarantee how a suit would play out. If you stay and don't pay rent, you might be able to use the bedbugs as a defense to a Rent and Possession action. If you stay and pay, you might be able to convince a Court to Order the Landlord to pay or reimburse you for extermination costs. But, if you were in the rental space for several months before the bedbugs were found in your furniture, you should avoid using the habitability claim. You might have to move out and reimburse the landlord for making his house uninhabitable.

Generally, extermination is a whole house tenant's responsibility, unless the lease agreement says otherwise. Look at your lease agreement. If it says that the landlord will cover extermination, then ask that it be done. You might have to pitch in some money to cover the extra expense of getting rid of the bedbugs. If these vermin were found in older furniture, it might be cheaper to replace them than to pay for extra extermination. If the lease agreement is silent on extermination, or there is no written agreement, then is is probably up to you to get rid of the bugs, and no excuse from paying rent.

You might have an attorney look over your lease agreement and any infestation reports you have. Many offer a free or low cost initial consultation. Your renter's policy might cover the cost to clean or replace furniture or bedding.

Good luck

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Answered on 8/20/14, 11:46 am


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