Bed Bugs in Duplex - Do I have to pay???

[Dar Fornelli]

We bought a duplex this March, inherited tenants and have had no issues since. Two sisters occupying each side of the duplex. We get a call this past week that they think they have roaches... We send pest control to take a look, and it turns out to be bed bugs. They want $1000 per unit to spray twice, mattresses/box springs thrown out, the works. 

My question is... who's on the hook for this expense? The leases we inherited do not say anything about pest control. One side of the duplex lease expired and we put them on a month to month agreement on our own lease which states pest control after first 30 days of lease is their responsibility. That lease was signed 2 months ago...

This property is in Kansas City, Missouri. Anyone with experience please help me out! Going to be a big ding to the cash flow if this is our responsibility. Based on what I see for MO law, I have to get the issue taken care of, but it leaves room for interpretation on who has to pay, in my opinion. 

[John Daley]

This can certainly be a difficult call, but I would follow the terms of the lease.  Legally speaking I believe that is what would prevail in this situation.

If they were new tenants and there was a possibility that there were bedbugs there when they moved in I would treat them, but since they are long term tenants the only way that bed bugs are there now is if they brought them in, making it their responsibility. 

We have terms in our lease stating that we perform general pest control twice per year, but tenant is responsible for treating pests with the exception of termites.  The majority of the time pests are there because of the tenant living conditions and should not be the owner’s responsibility.  If our tenants complain of pests we inspect the unit and take pictures. Nine times out of ten we can show that living conditions are the cause and put it back on the tenant to remedy.  Once you make that argument and have evidence to back it up they will usually concede and take care of it. Tenant usually first try to make things the owner’s responsibility and not their own. Be kind but firm.  If logic and the terms of your lease back your position, tenants will usually accept the verdict.