Who is responsible for exterminating the house I rent?
Full Question:
AM I RESPONSIBLE FOR EXTERMINATING THE HOUSE I'M RENTING?? WHEN I MOVED IN, THERE WERE MILLIONS OF BUGS, I USED A COUPLE OF FOGGERS AND SEEMED TO GET RID OF SOME OF THEM, BUT SOME HAVE REMAINED. THEY EVENTUALLY DIDN'T COME BACK, PROBABLY WHEN THE WEATHER GOT WARM, BUT NOW THAT IT'S GETTING COLDER, THEY ARE COMING BACK. THE LANDLORD WAS AWARE OF THIS WHEN IT WAS HAPPENING BEFORE.
10/26/2007 |
Category: Landlord Tenant |
State: Oklahoma |
#11002
Answer:
You should review your lease agreement to determine the rights and obligations of you and your landlord.
The following is a statute:
§ 41-118. Duties of Landlord and Tenant.
A. A landlord shall at all times during the tenancy:
1. Except in the case of a single-family residence, keep all common
areas of his building, grounds, facilities and appurtenances in a clean,
safe and sanitary condition;
2. Make all repairs and do whatever is necessary to put and keep the
tenant's dwelling unit and premises in a fit and habitable condition;
3. Maintain in good and safe working order and condition all
electrical, plumbing, sanitary, heating, ventilating, air-conditioning
and other facilities and appliances, including elevators, supplied or
required to be supplied by him;
4. Except in the case of one- or two-family residences or where
provided by a governmental entity, provide and maintain appropriate
receptacles and conveniences for the removal of ashes, garbage, rubbish
and other waste incidental to the occupancy of the dwelling unit and
arrange for the frequent removal of such wastes; and
5. Except in the case of a single-family residence or where the service
is supplied by direct and independently metered utility connections to
the dwelling unit, supply running water and reasonable amounts of hot
water at all times and reasonable heat.
B. The landlord and tenant of a dwelling unit may agree by a
conspicuous writing independent of the rental agreement that the tenant
is to perform specified repairs, maintenance tasks, alterations or
remodeling.
§ 41-121. Landlord's Breach of Rental Agreement — Deductions
from Rent for Repairs — Failure to Supply Heat, Water or Other
Essential Services — Habitability of Dwelling Unit.
A. Except as otherwise provided in this act, if there is a material
noncompliance by the landlord with the terms of the rental agreement or a
noncompliance with any of the provisions of Section 18 of this act which
noncompliance materially affects health or safety, the tenant may deliver
to the landlord a written notice specifying the acts and omissions
constituting the breach and that the rental agreement will terminate upon
a date not less than thirty (30) days after receipt of the notice if the
breach is not remedied within fourteen (14) days, and thereafter the
rental agreement shall so terminate as provided in the notice unless the
landlord adequately remedies the breach within the time specified.
B. Except as otherwise provided in this act, if there is a material
noncompliance by the landlord with any of the terms of the rental
agreement or any of the provisions of Section 18 of this act which
noncompliance materially affects health and the breach is remediable by
repairs, the reasonable cost of which is less than One Hundred Dollars
($100.00), the tenant may notify the landlord in writing of his intention
to correct the condition at the landlord's expense after the expiration
of fourteen (14) days. If the landlord fails to comply within said
fourteen (14) days, or as promptly as conditions require in the case of
an emergency, the tenant may thereafter cause the work to be done in a
workmanlike manner and, after submitting to the landlord an itemized
statement, deduct from his rent the actual and reasonable cost or the
fair and reasonable value of the work, not exceeding the amount specified
in this subsection, in which event the rental agreement shall not
terminate by reason of that breach.
C. Except as otherwise provided in this act, if, contrary to the rental
agreement or Section 18 of this act, the landlord willfully or
negligently fails to supply heat, running water, hot water, electric, gas
or other essential service, the tenant may give written notice to the
landlord specifying the breach and thereafter may:
1. Upon written notice, immediately terminate the rental agreement; or
2. Procure reasonable amounts of heat, hot water, running water,
electric, gas or other essential service during the period of the
landlord's noncompliance and deduct their actual and reasonable cost from
the rent; or
3. Recover damages based upon the diminution of the fair rental
value of the dwelling unit; or
4. Upon written notice, procure reasonable substitute housing during
the period of the landlord's noncompliance, in which case the tenant is
excused from paying rent for the period of the landlord's noncompliance.
D. Except as otherwise provided in this act, if there is a
noncompliance by the landlord with the terms of the rental agreement or
Section 18 of this act, which noncompliance renders the dwelling unit
uninhabitable or poses an imminent threat to the health and safety of any
occupant of the dwelling unit and which noncompliance is not remedied as
promptly as conditions require, the tenant may immediately terminate the
rental agreement upon written notice to the landlord which notice
specifies the noncompliance.
E. All rights of the tenant under this section do not arise until he
has given written notice to the landlord or if the condition complained
of was caused by the deliberate or negligent act or omission of the
tenant, a member of his family, his animal or pet or other person or
animal on the premises with his consent.
§ 41-127. Duties of Tenant.
The tenant shall at all times during the tenancy:
1. Keep that part of the premises which such tenant occupies and uses
as safe, clean and sanitary as the condition of the premises permits;
2. Dispose from such tenant's dwelling unit all ashes, garbage, rubbish
and other waste in a safe, clean and sanitary manner;
3. Keep all plumbing fixtures in the dwelling unit or used by the
tenant as clean and sanitary as their condition permits;
4. Use in a safe and nondestructive manner all electrical, plumbing,
sanitary, heating, ventilating, air-conditioning and other facilities and
appliances including elevators in the premises;
5. Not deliberately or negligently destroy, deface, damage, impair or
remove any part of the premises or permit any person, animal or pet to do
so;
6. Not engage in conduct or allow any person or animal or pet, on the
premises with the express or implied permission or consent of the tenant,
to engage in conduct that will disturb the quiet and peaceful enjoyment
of the premises by other tenants;
7. Comply with all covenants, rules, regulations and the like which are
in accordance with Section 126[41-126] of this title; and
8. Not engage in criminal activity that threatens the health, safety
right of peaceful enjoyment of the premises by other tenants or is a
danger to the premises, and not engage in any drug-related criminal
activity on or near the premises either personally or by any member of
the tenant's household or any guest or other person under the tenant's
control.