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In Indiana is the Landlord responsible for the cost to eleminate bed bugs from the house after the tenant has live 1+years?

Indianapolis, IN |

Tenant has lived in home over a Year and now has bed bugs. Is the landlord responsible to foot the bill for the extermination? Or is it the cost of the Tenant?

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Attorney answers 2


Footing the bill likely turns on whether the LL can establish that the tenant introduced the BBs to the property.

As always, the first place to reference a lease--is the lease agreement to see if it has a provision that applies that does not offend state law.

In most states, the LL is responsible to exterminate pests, the tenant is responsible to report them--in writing. If the LL can then show that the tenant is the one who bought the pest into the property, the LL can then attempt to recover costs.

I recall that Indiana ( I am NOT an Indiana attorney) is one of those states that does not clearly place responsibility on one party or the other. A tenant who can argue that the LL has failed to maintain a warranty of habitability, or violated a local housing or safety code MIGHT stand a shot at recovering costs in Indiana.

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If it is a HUD property the landlord has the responsibility for the first treatment. The landlord has to provide education afterwards to help prevent reentry. If bed bugs return the ll can enforce treatment responsibility on the tenant. The is new HUD regulation from this spring.


Unlikely. The landlord has the duty to provide a habitable unit but not to maintain it that way during your time there. That duty is typically the tenants. The "but" here is that if this is a multi unit facility and something the landlord is doing (or not doing) as a whole is facilitating the infestation. Look for the "maintenance" clause in your lease. It likely says you will maintain the premises.

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