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Can a landlord forbid me from contracting with an exterminator?
Anonymous4 views2 answers
The landlord is forbidding us from hiring an exterminator to treat for bed bugs, because she "does not want any toxic chemicals in her building". She has covered the entire apartment in diatomaceous earth and has told us that if there is a problem with this, then we "can leave". This isn't an option right now since I'm taking care of my father in the apartment, who is recovering after surgery. My questions are:
A) Can the landlord evict my father if we go ahead and contract with an exterminator, against his landlord's wishes?
B) Is the landlord required to pay for the exterminator?
In some states a landlord owes a legal obligation to keep the premises free of vermin.
If you are not the cause of the bedbug infestation, then you are entitled to have the premises treated whether the landlord permits it or not. Just saying "you can leave" doesn't solve the problem.
Click on "Find a Lawyer" above and locate a landlord/tenant attorney in your area to assist you with this matter. Many LL/Tenant acts contain attorney fees provisions that the LL must pay if they are in the wrong. So this may be taken up by a lawyer for little to no cost to you.
Under Florida law, Section 83.51, Florida Statutes, the landlord is charged with the duty to maintain the premises: In fact under Section 83.51(2)(a), Florida Statutes, unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
1. 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.
So the short answer is, if you rent in Florida and you have a tenancy agreement which is silent as to who takes care of the pest control, the Landlord is responsible. If you have a written agreement that says the tenant is responsible, the tenant pays. Either way, the landlord should not be able to evict you for addressing an issue pertaining to the health, safety and well-being of your father by seeking to maintain the premises whether it is the landlord's responsibility or yours under the lease agreement. Remember, my answers are based upon Florida law. Hope I've been helpful. If its the landlord's obligation to maintain the premises, you should hire an attorney because there are serious ramifications for failing to maintain the premises and statutory notices which must be timely given.
