In most cases, yes. Wisconsin landlords are responsible for paying for pest control when the infestation wasn’t caused by the tenant, and they have to disclose known pest problems before you move in. If the tenant caused the infestation, the cost can shift to them under Wis. Stat. 704.07(3)(a).
The landlord is responsible for paying for pest control when natural circumstances cause the infestation, according to Wisconsin State Legislature law regarding tenant responsibility for pest control. The law makes the landlord responsible if the pest problem was present in the home before renting and not disclosed. However, the tenant may be held responsible if the infestation is deemed their fault. Ultimately, you should consult your lease and an experienced attorney. It is every landlord’s responsibility to provide habitable living conditions, but it depends on who caused the infestation.
Regardless of where responsibility lies, bedbug, rodent, and cockroach pest infestations pose a serious health hazard. The first thing you should do is schedule an appointment with a pest control professional to remedy the problem. Worry about who will pay later. Even if your landlord fixes the problem before your appointment, having the paperwork from another company will show you took steps to fix the problem yourself in a legal dispute.
Landlords have to disclose any condition that’s a substantial hazard to your health or safety before you sign. If your landlord knew about a serious pest problem in the unit and didn’t tell you, they’re liable for the cost of removal.
Landlords must provide habitable units. According to Wisconsin law, a landlord must disclose: “Any structural or other conditions in the dwelling unit or premises which constitute a substantial hazard to the health or safety of the tenant, or create an unreasonable risk of personal injury as a result of any reasonably foreseeable use of the premises other than negligent use or abuse of the premises by the tenant.”
In other words, if your landlord knows of a serious pest issue in your unit and doesn’t tell you before you move in, they’re liable and must pay for removal.
You’re responsible when the infestation resulted from your own actions or inaction. Under Wis. Stat. 704.07(3)(a), your landlord can either let you arrange the treatment or handle it themselves and bill you for the reasonable cost.
If it’s determined a pest problem is your fault, you’ll be responsible to pay for pest control. If you’re facing the burden of pest control, give Ehlers Pest Management a call today. We offer fast, comprehensive service with lasting results.
Usually the landlord, because proving a tenant caused a bed bug infestation is difficult. Bed bugs aren’t attracted to dirty units, they live on blood rather than food waste, and they can survive up to a year without feeding, so an infestation can surface long after a new tenant moves in.
Wisconsin law clearly states premises repairs are the landlord’s responsibility, though there are caveats regarding the cause of the repair issue. Wis. Stat. 704.07(3)(a) says, about the duty of the tenant, that:
“If the premises are damaged, including by an infestation of insects or other pests, due to the acts or inaction of the tenant, the landlord may elect to allow the tenant to remediate or repair the damage and restore the appearance of the premises by redecorating. However, the landlord may elect to undertake the remediation, repair, or redecoration, and in such case, the tenant must reimburse the landlord for the reasonable cost thereof.”
Through “acts or inaction,” the tenant can be made the responsible party for eliminating an infestation. With bed bug infestations, proving where the problem originated can be difficult for two reasons:
Bed bug infestations are a serious health hazard, and they’ll only become more expensive if not treated immediately. We recommend you contact a pest control service before worrying about who will pay.
According to Amendment SA12-SSA1-SB179, a landlord must contact a pest control agent within 10 days of the rodent problem being reported.
Only if your landlord can prove you caused the infestation and you refuse to pay for treatment. That’s a high bar to clear, since bed bugs travel easily between units and can lie dormant for months before anyone notices them.
Landlords do have the ability to evict a tenant for bed bugs if it can be proved that the tenant caused the bed bug infestation and refuses to pay for the treatment. However, it’s very difficult to prove that a specific tenant caused the infestation. As mentioned above, bed bugs can live for a year without feeding and aren’t attracted to dirty rooms specifically.
Under Wisconsin Statutes 704.07, landlords are responsible for taking action against the cockroach problem within a reasonable time frame. If the landlord fails to address the cockroach infestation despite being notified, you could have the right to terminate the lease without penalty or seek remedies under state laws. If the landlord refuses to take action or retaliates against you for reporting the infestation, you may have legal recourse.
Tenants should promptly notify the landlord or property management about the pest problem in writing. Providing written documentation ensures a record of communication and may be necessary for future reference or legal action if the issue isn’t resolved.
Contact Ehlers Pest Management to take care of your pest problem immediately.
This page is general information about Wisconsin pest control law, not legal advice. Your lease terms and the specific circumstances of your situation matter, so consult an attorney before acting on a dispute.
