Are Tenants Entitled to Alternate Housing During Pest Extermination?

It's good to have a landlord who's diligent about keeping your rental pest-free, but pest-control procedures (such as tenting for termites or bed bug extermination) can be a major disruption. If your landlord has notified you that your home will be treated for pests, you might be wondering if they're required to cover your expenses while you're displaced.

This article explains your rights as a tenant and what you can expect in terms of compensation for temporary relocation, including the cost of lodging and other expenses.

Understanding Your Rights as a Tenant

When a landlord needs to perform a major repair or maintenance activity—such as an extermination—that makes a rental unit temporarily unlivable, tenants are generally entitled to compensation for any expenses they incur as a result.

Under the legal concept called the "implied warranty of habitability," landlords in every state have a legal obligation to provide a habitable residence. Any time that a tenant is forced to leave their rental due to actions taken by the landlord—including a pest treatment—the landlord is failing to provide a habitable rental, and must compensate the tenant for the temporary loss of a habitable residence.

Your right to compensation isn't about getting a free vacation on the landlord's dime; it's about making you whole. The goal is to ensure you aren't financially burdened by the landlord's need to perform maintenance. The landlord is responsible for covering the necessary and reasonable costs you incur during the period of displacement. This can include lodging, food, and other related expenses.

Navigating the Compensation Conversation

Before you start looking for a hotel or other place to stay, it's a good idea to communicate with your landlord about your options. It's in your best interest to be proactive and reach out to them to discuss the details. Hopefully, your landlord has thought about how to handle tenants who are displaced, and they might have already made arrangements.

There are two ways landlords typically compensate displaced tenants:

1. By offering prorated (adjusted) rent. This is a common method, especially if the displacement is for a short period. The landlord divides your monthly rent by the number of days in the month (30, even in months with 28, 29, or 31 days) to determine the daily rental rate. They then offer to pay you this rate for each day you are displaced. For example, if your rent is $1,500 a month and you are displaced for 3 days, the landlord would offer you $150 ($1,500 / 30 = $50 per day; $50 x 3 days = $150). While this method makes for easy calculations, the result usually isn't enough to cover a hotel stay and other expenses, especially in high-cost areas.

2. By covering the tenants' actual costs. This is often a fairer approach for both you and the landlord. Under this method, the landlord agrees to reimburse you for the reasonable costs—such as a hotel stay and food allowance—that you incur while you're displaced. Tenants generally prefer this method because it more accurately reflects the financial burden tenants face when they're displaced.

What Kind of Accommodations Are Tenants Entitled To?

The type of lodging you can expect is tied to the type of home you're renting. The legal standard is that the landlord must provide a "comparable" living situation when you're displaced.

• Low-End or Moderately Priced Rental: If you live in a budget or standard apartment, you should look for a clean, safe, and reasonably priced hotel or motel. You can take into account the amenities offered at your rental; for example, if your building has a pool or a fitness center, it's reasonable to look for a hotel that offers similar amenities.
• High-End or Luxury Rental: If you rent a luxury apartment, a penthouse, or a unit in a building with extensive amenities, you might be justified in seeking a higher-end hotel. The key is to find a place that is comparable in quality and features to your home. The courts recognize that tenants of high-end properties have paid a premium for a standard of living that should be maintained during a temporary displacement.

In all cases, the key is to act reasonably. This isn't an opportunity to take a stay-cation on the landlord's dime; don't book a suite at the most expensive hotel in town if your apartment is a basic one-bedroom.

That being said, in some areas, such as tourist or university areas, it can sometimes be difficult to find lodging. Although you're expected to keep costs reasonable, you're also not expected to have to travel far away from your home just to find a place that's more affordable. There are no clear rules about this; you'll have to use your best judgment.

What About Other Expenses?

Unless you book a stay at a hotel with a kitchen, you're going to have to eat out while you're displaced, so it's fair to expect your landlord to pay for the reasonable costs of meals. Of course, this isn't a blank check to dine at fine restaurants every night; instead, your meal reimbursement should cover the difference between what you normally would spend on groceries and home-cooked meals and what you spend on food while displaced. Keep your receipts to show proof of your expenses.

If you have a pet, you might also incur additional costs for their care. For example, if the hotel charges a pet fee or if you need to board your pet because it can't stay at the hotel, be sure to keep your receipts to submit to your landlord.

And, if the stay is long enough, you're going to have to do laundry. That might involve having to go to a laundromat or sending the laundry out to a service. If you're displaced more than two nights, it's probably reasonable to expect the landlord to cover these costs, especially if you rent a place that has in-unit laundry.

The Do's and Don'ts of Getting Reimbursed

Having something happen at a rental that causes the tenants to be displaced is difficult for both the tenants and the landlord. Because there are no hard and fast rules on how much and when a landlord must reimburse you for your expenses, it's in your best interests to avoid a full-blown dispute and make reimbursing you as easy as possible on the landlord.

Must-dos when you're a displaced tenant:

• Communicate in writing with your landlord. Send an email or a letter to your landlord as soon as you find out about the displacement. This creates a paper trail and shows that you are trying to work with them. If there ultimately is a dispute over funds, you'll likely have to produce these records as evidence in court, so make sure you keep things civil and professional.
• Keep all receipts. Save all receipts for lodging, food, and any other related expenses—even if you don't think you'll be reimbursed for something. This is crucial if you need to take legal action later.
• Be reasonable. As discussed above, don't book the most expensive hotel you can find or eat out at expensive restaurants. The key is to maintain the standard of living you have day-to-day at your rental.
• Document everything. Take photos or videos of your apartment before you leave to show its condition. Consider taking pictures of anything perishable, too—if you're displaced for long enough, you might have to replace items you can't access while you're away. Having a visual record can be helpful if there's a dispute later about damage or cleanliness.

Things to avoid as a displaced tenant:

• Rent withholding. Although it might be tempting to deduct your expenses from your next rent check, this is a risky move. Rent withholding isn't allowed in all states, so if you wrongfully withhold rent your landlord might have grounds to evict you. Instead, keep communication open and let your landlord know that you expect to be reimbursed as soon as possible for your expenses.
• Assuming that the landlord will cover all of your expenses. While your landlord is legally obligated to compensate you, you shouldn't assume they will automatically do so. Be proactive and communicate your needs clearly. It's a good idea to let your landlord know a firm deadline by which you expect to be reimbursed.
• Exaggerating your expenses. Don't try to profit from the situation. Only claim expenses that are necessary, reasonable, and can be backed up by receipts.
• Waiting to address the issue. The sooner you talk to your landlord, the better. This will set expectations, and gives your landlord time to make arrangements.

What If Your Landlord Refuses to Cooperate?

If your landlord refuses to compensate you or offers an unreasonable amount, you have a few options. Your first step should be to send a formal letter demanding compensation. In the letter, include an exact amount you should be refunded, and provide a deadline by which you expect to receive the funds. Attach copies (not originals) of every receipt (keep the originals yourself).

If your demand letter doesn't yield the results you believe are fair, you might need to take legal action. Filing a claim in small claims court is a common and relatively simple way to handle this type of dispute. You can sue your landlord for the expenses you incurred during your displacement as long as the total amount is at or under your state's small claims court limit.

When you go to court, you'll need to present all your evidence, including:

• records of your communication with the landlord
• your receipts for lodging, food, and any other expenses
• a copy of your lease or rental agreement to demonstrate your rental rate and normal type of accommodation
• if the landlord is arguing your expenses are too high, support for why you chose the lodging you did (for example, a screenshot showing a lack of vacancies at lower-priced hotels), and
• any documentation of the pest treatment.

The judge will determine whether your expenses were necessary and reasonable. They will also consider your landlord's legal obligation to provide a habitable living space and the fact that you were displaced through no fault of your own.

Navigating a temporary displacement can be stressful, but understanding your rights is the first step toward a smooth process. By communicating with your landlord, keeping clear records, and being reasonable in your requests, you can ensure you are properly compensated and that the inconvenience is as minimal as possible.