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**** roach infestation

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NJLL

Junior Member
What is the name of your state (only U.S. law)? New Jersey


I own a duplex in NJ. Both units are occupied by tenants. Tenant one has resided there just over one year. Tenant two has been there over three years. Both have expired one year leases with continuing month-to-month as allowed by NJ law.

Tenant two has informed me there is a ****roach infestation which began in the past couple months.

The lease does not specify anything regarding pest removal, although I did bring in an exterminator last year for carpenter ants.

This is the first time there has been a roach in that house for the 20 years I have owned it. I am tempted to suggest that the tenants hire an exterminator for the whole house and split the bill.

Am I responsible for exterminating?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? New Jersey


I own a duplex in NJ. Both units are occupied by tenants. Tenant one has resided there just over one year. Tenant two has been there over three years. Both have expired one year leases with continuing month-to-month as allowed by NJ law.

Tenant two has informed me there is a ****roach infestation which began in the past couple months.

The lease does not specify anything regarding pest removal, although I did bring in an exterminator last year for carpenter ants.

This is the first time there has been a roach in that house for the 20 years I have owned it. I am tempted to suggest that the tenants hire an exterminator for the whole house and split the bill.

Am I responsible for exterminating?


Yes .
 

FarmerJ

Senior Member
You know how some states are more tenant friendly than others? You may not like the cost but I would suggest you arrange for extermination your self, If you dont and one of your tenants calls inspections in , they likely will make you do it anyway ( as well as look around for any thing else that they can write you up for) If one tenant does not cooperate , use that as reason that leads up to termination /eventual eviction. Likely whats happened is the one year tenant brought just a few with them and those roaches multiplied enough that the roaches are crowding each other out and invaded the other unit. Ill lay odds they are way way worse in the one year tenants unit. Make sure you give more than ample notice in writting to both with instructions to prepare and if one fails to prepare /cooperate create paper trail and begin to get them out.
 

sandyclaus

Senior Member
...Am I responsible for exterminating?
YES. A LL has the duty to maintain their property in a safe and habitable manner, including keeping the premises free of vermin. ****roaches fall into that category.

If you are asking these kinds of questions as to what you, as the owner and LL, are responsible for, then it would behoove you to become better educated in basic LL/T law as it applies to you.
 

NJLL

Junior Member
thanks. I thought so.

I am pretty aware of the laws regarding renting in NJ. NJ statutes require the LL to be responsible for providing a pest-free unit, and they enacted a specific bedbug law last year.

The difficulty lies in the fact that I DID provide a pest free environment. We are not talking about termites or carpenter ants.
They brought these bugs in themselves.

Also, NJ LLs renting three or fewer units are exempt from some of the NJ laws (for example, the EO laws do not apply universally for my situation. I do not have to give you a reason for denying your application; I simply have the right to not allow you to live in my home.)

I am not concerned about inspections. They are required annually anyway.
 

HomeGuru

Senior Member
I am pretty aware of the laws regarding renting in NJ. NJ statutes require the LL to be responsible for providing a pest-free unit, and they enacted a specific bedbug law last year.

The difficulty lies in the fact that I DID provide a pest free environment. We are not talking about termites or carpenter ants.
They brought these bugs in themselves.

Also, NJ LLs renting three or fewer units are exempt from some of the NJ laws (for example, the EO laws do not apply universally for my situation. I do not have to give you a reason for denying your application; I simply have the right to not allow you to live in my home.)

I am not concerned about inspections. They are required annually anyway.
**A: only if you can prove the tenants actually brought the bugs in, only then will the tenants be liable. The problem is that you have a duplex.
 

sandyclaus

Senior Member
...The difficulty lies in the fact that I DID provide a pest free environment. We are not talking about termites or carpenter ants.
They brought these bugs in themselves....
It is rarely the case that the tenants actually bring in the bugs, despite protests by some LLs who try to make that claim. If you had roaches at any point in the past, they can come back, and that's a fact. They could also have migrated from other units or other properties (it happens more often than you think). The bottom line is that unless you have solid, irrefutable proof that your tenants actually brought the roaches in, then you remain on the hook.

And as for the responsibilities of LLs renting fewer than 3 units, what I mentioned is BASIC, and not specific to the number of units a LL owns and rents. ALL LLs have the duty to maintain their rental units in a safe and habitable condition, free of vermin. That is simply one of the tasks and liabilities of running a rental business.
 

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