Bedbugs... landlord or tenants' responsibility?

[Princeofdorkness]

Hello. I am the landlord. The tenants have been renting my single family house in Green Bay, WI for three years. Suddenly, they have a bedbug problem and are expecting me to pay for an exterminator. Recently, I saw an old mattress outside by the garbage cans. I think it is fairly obvious that they got a new mattress and that is the cause of the bedbug problem. How can I make sure that they take responsibility for the exterminator bill? Or, is it on me regardless of fault?

 

[quincy]

Hello. I am the landlord. The tenants have been renting my single family house in Green Bay, WI for three years. Suddenly, they have a bedbug problem and are expecting me to pay for an exterminator. Recently, I saw an old mattress outside by the garbage cans. I think it is fairly obvious that they got a new mattress and that is the cause of the bedbug problem. How can I make sure that they take responsibility for the exterminator bill? Or, is it on me regardless of fault?

Does the lease address pest problems?

 

[Zigner]

WI law makes YOU (the LL) responsible for dealing with this type of thing. Of course, if you can show that the negligent or improper action(s) of the tenant caused the bedbug infestation, then you can charge the tenant for the cost.

EDIT: For reference, here is the applicable state law...

https://docs.legis.wisconsin.gov/statutes/statutes/704/07

 

[Princeofdorkness]

There's nothing in the lease specifically about pests, but it does state that they find the premises clean, safe and tenantable. There's also an indemnification clause that states "Tenant hereby agrees indemnify, defend and hold landlord harmless from any and all claims or assertions of every kind and nature". Does any of that help?

I don't think I would have a hard time proving that the tenants were responsible for causing the infestation. But, does this mean that I have to pay the bill and then try to get the tenants to reimburse me? Is it possible to have the exterminator bill the tenants?

 

[quincy]

The state law that Zigner provided a link to above seems to suggest that it is the tenant and not the landlord who is responsible for pest control unless the lease says otherwise. See 3(a).

 

[Zigner]

The state law that Zigner provided a link to above seems to suggest that it is the tenant and not the landlord who is responsible for pest control unless the lease says otherwise. See 3(a).

(3) Duty of tenant.
704.07(3)(a) (a) If the premises are damaged, including by an infestation of insects or other pests, due to the acts or inaction of the tenant...

Again, it has to be something that the tenant has done that is negligent or improper before the duty is shifted to the tenant.

 

[zddoodah]

There's nothing in the lease specifically about pests, but it does state that they find the premises clean, safe and tenantable. There's also an indemnification clause that states "Tenant hereby agrees indemnify, defend and hold landlord harmless from any and all claims or assertions of every kind and nature". Does any of that help?

Without context, that indemnification sentence is vague, but please refer back to the first response in this thread, which is correct.

I don't think I would have a hard time proving that the tenants were responsible for causing the infestation.

I disagree. That, at some unstated point in time relative to the unstated point in time when the bedbug problem arose, you saw a mattress out by the garbage cans has no tendency in reason to prove anything regarding the source of the bedbugs.

But, does this mean that I have to pay the bill and then try to get the tenants to reimburse me?

Yup.

Is it possible to have the exterminator bill the tenants?

You'd have to ask the exterminator. However, if I were an exterminator and a landlord tried to hire me and asked me to bill the tenant, I'd refuse the job unless either (1) the landlord agreed to pay if the tenant doesn't, or (2) the tenant agreed to pay in advance.

 

[Princeofdorkness]

If they picked a mattress off the curb, would that qualify as negligent or improper?

I also have a text from them from about a month ago when they first informed me of the problem. In the text they said they were going to take care of it. Does that hold them liable in any way?

 

[quincy]

There's nothing in the lease specifically about pests, but it does state that they find the premises clean, safe and tenantable. There's also an indemnification clause that states "Tenant hereby agrees indemnify, defend and hold landlord harmless from any and all claims or assertions of every kind and nature". Does any of that help?

I don't think I would have a hard time proving that the tenants were responsible for causing the infestation. But, does this mean that I have to pay the bill and then try to get the tenants to reimburse me? Is it possible to have the exterminator bill the tenants?

The indemnification clause is unenforceable but you say you would have no problem showing that the tenant caused the infestation problem.

I suggest you take care of the infestation first (which is no small undertaking) and try to gather facts to support your contention that the infestation was caused by the tenant, second.

The source of the infestation can be important in determining who is responsible for the costs of extermination.

 

[reenzz]

I would think that living in a signle family home for three years and then suddenly have bed bugs, would be plenty of proof that the tenant are responsible.

 

[Princeofdorkness]

That is why I think I have a good case. I talked to the exterminator and he agrees. The extent of the infestation would have to be outrageous for there to be any possibility of it being present three years ago. I'm still worried about having to foot the bill. There's little chance I'm going to get reimbursed willingly by the tenants.

 

[quincy]

I would think that living in a signle family home for three years and then suddenly have bed bugs, would be plenty of proof that the tenant are responsible.

The introduction of a new mattress into the residence at or about the same time the infestation is noticed is a good indication that the bed bugs hitched a ride on the mattress.

I understand the expense involved in hiring an exterminator but I think your major concern right now should be ridding your house of bed bugs before the infestation becomes worse. You might find you have to sue to recover costs later.

 

[Princeofdorkness]

If the cost is going to be too much, what would my options be for removing the tenants first? They are currently behind on rent and utilities... and probably several other lease violations. Could I evict?

Or, to be nice could I offer to help pay for a new apartment, but give them a set time frame to find one, say 30 or 60 days?

 

[quincy]

If the cost is going to be too much, what would my options be for removing the tenants first? They are currently behind on rent and utilities... and probably several other lease violations. Could I evict?

Or, to be nice could I offer to help pay for a new apartment, but give them a set time frame to find one, say 30 or 60 days?

Is there still a hold on evictions in Wisconsin?

 

[Princeofdorkness]

No, that expired at the end of May. Would evicting now be deemed "retaliatory"?