Bed bugs from Tenant

[Dean Gittings]

Apparently in PA, if a tenant brings bedbugs into an apt, for example, they've lived there a year and suddenly there is an infestation where none existed before, it's the tenant's job to get rid of them.  I'm looking for lease language that says so and gives the landlord grounds to evict if they fail.  Thank you for any help on this.

[Chris K.]

@Dean Gittings

What @Katie Stewart found covers a slightly different issue. As a landlord, you have an implied warranty to keep the place habitable. Bedbug infestation probably does fall under that category and normally the landlord has the duty to provide a house that's free from such defect. 

But the causation does matter. In other words, everyone agrees that access to running how water falls under the implied warranty. So if the water heater breaks down due to age, then the landlord needs to replace it. If the landlord fails to do so, then the tenant can withhold rent and seek other remedies. Now if the tenant decided to take a golf club and beat the water heater to death, that's a different matter. I actually don't know if there is any reported case law on this, but it would be stupid for a court to hold that the landlord is in breach in such a situation. 

BUT one giant caveat: when the landlord is aware of a dangerous condition, the landlord arguably has a duty to kick out the tenants and make the repairs ASAP so that the dangerous condition is fixed. A classic example is a partially burned building. Even if the tenant wants to stay, you should get them out and make the necessary repairs. All decent leases should have something to that effect. 

The lease should also spell out who takes care of pest issues. If it doesn't, you should probably find a new lease. 

In terms of what I would personally do, I would hire a someone to get rid of the bed bugs ASAP. I wouldn't waste time waiting for payment from the tenant since bed bugs can spread. I can't imagine the services will cost that much. I would pay for it to reduce your risks. After the remediation, you can later argue with the tenant about costs. If you have a security deposit, that's your bargaining chip. That said, review your lease carefully to see what it says. 

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it for legal advice. Always consult with your attorney before you rely on the above information