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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111683
Experience:  Attorney with over 24 years experience.
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As a tenant, if an exterminator is needed and the landlord

Customer Question

As a tenant, if an exterminator is needed and the landlord ignores the request, can we legally have an exterminator come in and do what is needed and deduct the charge from our rent?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

As long as the lease does not make the tenant liable for extermination, if the tenant has put the landlord on written notice that the extermination is needed and the landlord's failure to do so is a breach of lease and the tenant has also included in that written notice that the landlord's failure to cure the breach would result in the tenant paying for extermination and deducting it from rent, then the tenant may indeed pay for extermination and attach the receipt for payment to their next rent payment with the deduction.

Customer: replied 1 year ago.
The "new" landlord just told them that they do not have permission to get an inspection...now what?
Nothing has been done in writing as far as the infestation problem. Only in person, telephone and text messages.
They are in Deerfield, WI.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You need to send them the letter and inform them if they do not cure this breach of the lease you will take action and hold them liable for the breach. You need to do it in WRITING by letter to establish your evidence in case the landlord tries to take you to court you can prove you gave them notice and an opportunity to cure their breach.

Customer: replied 1 year ago.
for the time being they need to live with these pests? Is there anything they can do while they wait?
Does the letter need to be certified or can it be hand delivered? The "new" landlord lives on the otherside of the duplex.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply. It does not need to be certified, but it should to have proof that it was actually given to the landlord. In the meantime you need to do what you can without incurring a large expense, but in your letter you also only need to give the landlord 5 days to send the exterminator and if they refuse you would be able to do as I said and also sue for time you cannot live in the premises and also for any medical expenses and pain and suffering from any bites you experience.

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