Does Renters Insurance Cover Cockroaches? (Who is Responsible?)

That heart-stopping moment. You turn on the kitchen light in the middle of the night, and there comes scurrying across the floor a dark object that disappears under the fridge. Disgust and violation is immediate in its feeling. Your clean, safe home is all of a sudden invaded. The first question that tends to leap through the mind of a tenant, once the initial shock has passed is does renters insurance cover cockroaches?

Unfortunately the answer is almost always no. This is a frustrating fact of life for many renters that have a pest problem. However, this is not the end of the story.

While your insurance policy probably won’t cover the cost of an extermination of the bugs, that doesn’t mean that you’re left to fight this particular battle all by yourself. In this regard the onus tends to fall squarely on the shoulders of your landlord.

This step-by-step guide will take you through each and every step of this infuriating process. We’ll be looking at why, why insurance says no, who’s legally responsible, the health hazards, and the steps, specifically, we can useful to take when attempting to claim back your home.

The Short, Unfortunate Answer: Why Renters Insurance Says “No”

Your renters insurance policy is set up to provide protection against the unexpected and accidental occurrences, which in insurance parlance are termed “named perils.” These usually involve something such as fire, theft, windstorms, or a burst pipe.

A standard policy covers two things of major interest: your personal property and liability. For example, if your furniture was destroyed by a fire, your policy would allow assistance in replacing the furniture. If one of your guests slipped and fell in your apartment, liability coverage would help pay for their medical bills.

Cockroach infestations however, are almost always regarded as a “maintenance” problem. Insurance companies come up with the point that pests come and multiply over the period of time because of the sole conditions that can have been avoided or controlled.

Therefore, they are not considered a sudden, accidental occurrence. This distinction is the basic reason why your time is likely to be denied.

Understanding “Maintenance” vs. a Covered “Peril”

To understand why your policy fails to that end, you have to understand this fundamental difference.

A “peril” is a disaster which is unlooked for. Think thinking suppose of a lightning strike or an explosion. You couldn’t have helped it that happened.

“Maintenance” includes the maintenance that is needed to ensure that a home is functional and livable on a continuous basis. This includes plugging leaky water taps, making sure that the heat is working and, yes, pests.

Insurance is for the peril and not the maintenance. As a roach problem is considered a maintenance and sanitation failure, it does not come under the jurisdiction of a regular renters policy. While you may have a very good coverage, even a comparison term life insurance options for your family, this specific issue is left out of the equation.

An Exception to the Rule: When Could an Infestation Be Covered?

There is a very thin scenario, with a very specific situation, where an infestation might have a covered component. This is referred to as a “concurrent cause” situation.

Suddenly the pipe bursts behind your wall (a covered peril). The subsequent water damage provides a damp and ideal habitat for a huge cockroach infestation.

In this case, your renters insurance would probably be responsible for the water damage to your personal possessions. It would pay to replace your wetted-out rug or ruined electronics.

However, it still would not pay for exterminator to rid of the roaches. The source of the claim is the water and not the bugs. The policy gives a response to the covered peril only. Answering the question does renters insurance cover cockroaches is still a no, even in this complicated situation.

The Real Answer: Landlord Responsibility for Pest Control

So then, if your insurance isn’t going to help you, who will? In the huge majority of cases, your landlord is to blame. This isn’t merely a courtesy, it is also a legal requirement.

Your landlord has a duty to provide you with a safe and habitable atmosphere to live in. A key part of this responsibility is the landlord responsibility for pest control. A home infested with vermin is not a habitable one.

This obligation is based on a legal concept called “Implied Warranty of Habitability.” It’s an unstated guarantee in every residential lease.

This warranty implies that the landlord is promising the rental unit is suitable for human beings to live in from the very beginning. It is also a guarantee that they will ensure they keep that condition throughout your tenancy.

The Implied Warranty of Habitability Explained

This legal doctrine is your winning weapon as a tenant. It is acknowledged in nearly all states, although the terms of the rules may differ.

Essentially, it requires landlords to maintain their properties in such a way that it is not dangerous to the life, health or safety of the tenant. This includes:

• Functioning plumbing and electricity.
• Functioning heat.
• Structurally strong roofs and walls.
• A property free from the hazards of hazardous materials or the infestation of vermin.

A cockroach infestation is a direct violation to this warranty. The presence of these pests creates major health and makes the property unbearable in terms of inhabitation. Therefore, your landlord is legally obligated to remedy the issue which means hiring and paying for an exterminator. It’s not a cost that you should need to pay.

“The Warranty of Habitability is a veil of defense of a tenant, as opined by Jenna Harrison of the Tenant Rights Attorney. It holds to make sure that you are not paying for renting a property that is not safe or sanitary. A pest infestation, especially cockroaches, is an open violation of this warranty and landlords should investigate this problem immediately and take action to fix it.”

What if You Caused the Infestation?

There is one important exception to the responsibility of the landlord. If the landlord can show that you caused the infestation or were irresponsible, he or she might hold you responsible for the costs of extermination.

This generally includes extreme cases of sanitation. For example, if you constantly leave food out or allow garbage to accumulate for weeks or live in a condition of filth that causes pests, the landlord may say that you created the issue.

However, this may be hard for a landlord to prove, particularly in a multi-unit apartment building. Cockroaches may easily cross from one unit to the next through walls, pipes and through shared ventilation.

More often than not, an infestation is viewed as a building-wide problem, thus the problem of the landlord to solve. They need to treat the cause not just one apartment. This is why it is so important to know the habitability laws for renters.

Landlord vs. Tenant Responsibility

More Than Just Gross: The Serious Health Risks of a Cockroach Infestation

It is simple to refute cockroaches as nuisance insects. But their presence is a public health hazard of legitimate importance, which you and your landlord must take seriously.

These pests are well known to spread bacteria and pathogens. And they crawl through the sewers, garbage and rotting matter and then follow these germs through your kitchen counters, dishes and food.

Some of the diseases and bacteria the cockroaches are known to carry include:

• Salmonella
• E. coli
• Staphylococcus
• Streptococcus

Buttresses in addition to bacteria, their shed skin, faeces and saliva is potent in allergens. For many people, however, particularly children and the elderly, this can be a major problem.

The Link Between Cockroaches, Asthma, and Allergies

According to the Environmental Protection Agency (EPA), there has been clearly established and causal relationship between exposure to cockroaches and triggering of asthma attacks.

The proteins in their waste products can be carried into the air. When inhaled by a sensitive person, they can cause skin rashes and sneezing, up to severe attacks of life-threatening asthma.

This is not a minor issue. If you or you have someone in your house with asthma, it is a bad idea for your home to become infested with cockroaches. This fact is a great weight to your request for immediate action from your landlord. The issue is much more than just disgust, it’s health and safety.

A Tenant’s Battle Plan: Your Step-by-Step Guide to Action

The feeling of being overwhelmed is understandable. But sitting back and hoping the problem will go away is not an option. You have to be called for action with decision and professionalism. Follow these steps to make a good case and force your landlord to take action.

This is a process of creating a paper trail. If your landlord is proving uncooperative, then this documentation will be your best weapon in a legal dispute.

Step 1: Document Everything with Precision

Before you make your initial contact with your landlord, begin the evidence gathering process. You cannot document this situation too much.

• Take Photos and Videos: Use your smartphone. Get in clear pictures of the roaches themselves (dead or alive), their droppings (which appear in resemblance to a black pepper or coffee ground) and egg casings.
• Create a Log: Begin a log dated your table in a Log Book or computer Writing date. For each roach that you see, write down each time you have seen a roach, where you have seen them and how many. This is an example of the magnitude of the problem.
• Note Locations: Where are they in the kitchen? The bathroom? Coming out of a particular crack in the wall? Be specific.
• Document Health Issues: As the symptoms of allergies and asthma have increased for somebody in your home, document this information. Note the dates and symptoms.

This evidence is the difference between making your complaint “I saw a bug” and being able to make the complaint “I have a documented infestation which is affecting my health.”

Step 2: Formal, Written Notification to Your Landlord

A phone call or a casual text message is not sufficient. You must send a formal and written notice to your landlord. This creates a legal document upon which you have officially told them about the problem.

Your best method will be to send the letter via Certified Mail with a return receipt requested. This costs a few more dollars at the post office but gives you a postcard that represents proving that your landlord received the letter on a given date.

Your letter must be polite, professional and firm. It must include:

• The current date.
• Your name and address.
• A definite description of your unit that it is infested with cockroaches.
• A reference to the obligation of the landlord under the “Warranty of Habitability” to provide for a safe and pest free home.
• Request for professional extermination services at their expense within a reasonable period of time (example between 7-14 days depend on your state’s laws).
• A mention of the evidence that you have come up with.

Do not be emotional or accusatory. Stick to the facts. This letter is a business communication, and it provides a stronger legal position. While dealing with this, it’s also a good idea to look at other policies such as your car insurance cost to get all your assets in place.

Does Renters Insurance Cover Cockroaches and Resulting Damage?

Let’s go back to a common question that follows. Even if the answer to the question does renters insurance cover cockroaches for extermination is no, what about damages caused by the pests?

For example, what if roaches get into and ruin your totally new toaster? Or chew through the packaging in your pantry leaving hundreds of dollars worth of food contaminated?

Unfortunately, you will encounter the same hurdle. Most renters insurance policies have a specific policy exclusion in regards to the damage caused by “vermin, rodents, insects, or domestic animals.” This means any property that is damaged directly by the roaches would not be covered. This adds further to the importance of the need for the landlord to act swiftly before such damages occur.

The Nuances of Renters Insurance Pest Infestation Policies

Is there any hope from the side of insurance? Standard policies: policy is a dead end. However, the world of insurance is huge.

A few specialty insurance companies may sell an add-on or “endorsement” for renters insurance pest infestation. These are a variety of rare and will add to your premium.

These endorsements often have very specific terms, they include high deductibles. They may include some of the expenses for bed bug and roach coverage, but these are by no means common. If this is a major concern, then you would have to go directly to an insurance agent, and ask for this particular, non-standard coverage. You may research this when you are researching other specialized policies such as professional liability insurance.

For 99% of renters, trusting the responsibility of the landlord is the right and only way to go. The issue of whether renters insurance covers cockroaches first go around inevitably involves the lease contract and landlord-tenant law.

What if the Landlord Ignores Your Request?

The problem was documented and certified letter sent. Now, the clock is ticking. Most states have laws which give the landlord a “reasonable” amount of time to do so after receiving formal notice. This can be from a week to 30 days.

If that time expires and your landlord has done nothing, or their actions don’t work (i.e. they drop off can of bug spray), you have several options. This is where your legal rights under habitability laws for renters come in.

Before making any of these steps, it is highly advisable to consult with a local tenant rights organization or an attorney. The consequences of stepping out of line can be terrible.

Option 1: Rent Withholding or “Repair and Deduct”

Some states bring in more drastic measures, such as occupants, on average, tenants who can take drastic measures if a landlord fails to make essential repairs.

• Rent Withholding: Several jurisdictions may be held responsible for withholding your rent until the repair is done (through the law). The money paid as rent is often deposited in an escrow account with the court that will provide proof that you are proceeding in good faith. You cannot just stop paying rent because this will mean being evicted.
• Repair and Deduct: Some states permit a tenant to hire his or her own licensed exterminator and deduct the reasonable cost of the extermination from the next month’s rent. There are usually rigid restrictions on how much you can deduct.

Both of these options are complicated and risky, if not legally. You MUST know your local laws before you attempt to do either as incorrect withholding could mean an eviction will be made on your record.

Option 2: Filing a Complaint with a Housing Authority

Your city or county probably has a health department or housing department that is in charge of enforcing building codes. You can lodge a formal complaint about them.

An inspector can make a visit to your property. If they do discover proof of an infestation they can write a formal notice of violation against your landlord and command them to correct the situation by a specific date.

This is a powerful step as it is bringing in an authority of the government to prove your point. The landlord is now in the care of the city, not just to you. Information on local housing authorities may often be located through the main Department of Housing and Urban Development (HUD.gov) website.

Does Renters Insurance Cover Cockroaches if I Have to Move Out?

This is a critical point. What if the infestation is so bad that you cannot live in the apartment any more? If the property is indeed uninhabitable, maybe your renters insurance policy would come to the rescue.

This comes under the “Loss of Use” or “Additional Living Expenses” aka ALE as it’s known in policy terms.

However, there’s a catch. ALE coverage only does come into play, however, when you are displaced by a covered peril.

If you will have to move out due to fire, then your ALE coverage will cover your hotel and meals. But if you move out because of roaches (an issue with maintenance not covered under the original agreement), your ALE coverage will not work. So, once again, the answer to the question does renters insurance cover cockroaches in this regard is a no.

The only way you could say such a thing is if the infestation itself was the direct result of a covered peril, which as we discussed is a very rare situation.

The Nuclear Option: Breaking Lease Due to Roaches

What if the infestation is bad, your landlord is not doing anything about it, and your home has become a living nightmare? You may have reasons to break lease because of roaches.

This is known as “constructive eviction.” The legal argument is that since the landlord has failed to provide a habitable home, you have been effectively “evicted”. The conditions are too bad for a reasonable person to be expected to live there.

To say that you have been constructively evicted, you must be able to prove:

1. The trouble is a bad one and makes the unit uninhabitable.
2. You gave formal and written notice to the landlord.
3. The landlord put off correcting the issue for a reasonable period of time.
4. You have actually moved out the property because of the condition.

This is a major legal step. Whereas, if a court disagrees with you, you could be on the hook for the remainder of your lease payments. Always consult a lawyer before breaking your lease. However, a severe, documented and unaddressed, cockroach infestation is one of the classic reasons to be successful in a constructive eviction claim.

What to Expect: The Cost of Exterminator for an Apartment

If you’re thinking about going down the “repair and deduct” route, or you simply want to know what your landlord should be compensating you for, it pays to know how much it could cost. The cost of exterminating an apartment by an exterminator will vary considerably depending on a number of factors.

These factors include:

• Severity of Infestation: A longevity will require one or two visits with bait traps with a minor problem. A severe and widespread infestation may need several spray applications, fogging and post-visits.
• Size of the Apartment: A bigger unit will obviously cost more to treat than a small studio.
• Geographic Location: Geographically speaking, extermination services are more costly in major metropolitan areas than in smaller towns.
• Type of Treatment: Gel baits and traps are usually less costly than intensive chemical sprays or heat treatments.

In an apartment for a moderate cockroach problem for a one-time visit, the costs could be in the range of $100 to $400. However, for a serious infestation accounting for a comprehensive account with many follow-ups the total cost could easily increase to $500 to $1,200 or more.

This is a considerable cost, and it shows why it is clearly the financial responsibility of the landlord. They are also in a better position for negotiating a contract for treating an entire building if the problem is widespread.

So what does that mean for Does Renters Insurance Cover Cockroaches?

Ultimately, the fact that extermination is an extremely expensive course of action is another reason why it’s not covered by standard insurance policies. Insurance is meant to insure against unpredictable, catastrophic losses and not predictable (and potentially expensive) maintenance items. The financial model of insurance as explained by resources like Investopedia, assumes the spread of the risk associated with rare occurrences on a large number of contracts. Routine pest control is not in this model. It’s a cost of doing business to the property owner.

The Overlap of Bed Bug and Roach Coverage

Often times, other pests become a concern of a tenant with a roach problem. The term bed bug and roach coverage is mentioned occasionally, but regarding the distinction between the two.

Legally, both infestations are usually treated in the same way – it is a violation of the warranty of habitability, and it is the responsibility of the landlord to eradicate the infestation.

From an insurance point of view, both are also treated the same: they are excluded from normal renters insurance policies as maintenance issues.

The major difference is in treatment. Bed bug extermination may be more complex and costly than cockroach extermination specialized heat treatment of the entire unit. This can make the landlord negotiations even more intense. If you suspect that you have either, the action plan is the same – to document, notify in writing and if necessary escalate. Some policies for renters will cover personal property if you have to throw it out as some renters insurance policies, but it’s very rare. It’s always a good idea to have a good, sound financial plan which could mean looking into options for State Farm life insurance or United Healthcare insurance to ensure that your overall health is all set with insurance.

Prevention: How to Protect Your Next Apartment

After you’ve been through this ordeal, you won’t want to ever go through it again. When you are house hunting for your next rentalm you need to be proactive.

• Inspect Thoroughly: Before signing a lease, thoroughly inspect. Gardnery under sinks, inside cabinets, and back of appliances with the flash light. Look for droppings of the pests, or for the pests.
• Ask Direct Questions: Ask the landlord or property manager directly the following: “Have you had any problems with pests, including cockroaches, in this unit or building?” What is your standard of pest control?”.
• Read Online Reviews: Do an online search for the name of the apartment building. Former tenants sometimes leave brutally honest reviews on the management and pest issues.
• Check the Lease: See if there’s a “pest control” clause in your lease. Understand what it says concerning tenant and landlord responsibilities before you sign.

It pays in the long run to be diligent on the front end, so that you don’t get a massive headache later. This type of due diligence is just as important as finding affordable business insurance for an entrepreneur or the right commercial auto insurance for a fleet.

“Prevention and early detection are key,” advises Mike Riley, a Certified Entomologist with over 20 years of experience. “Cockroaches are incredibly resilient. Sealing up cracks in walls, sealing off leaks as soon as they are noticed and keeping the level of cleanliness high is key. But in a multi-unit building, a single tenant’s efforts are often not enough. It requires a building-wide, professional approach managed by the property owner.”

No matter how good the personal efforts are taken, there may problems that can arise. That’s why having a good grasp of your other insurance coverages from Humana dental insurance for your health to motorcycle insurance for your ride is part of being a prepared consumer.

Final Thoughts: Empowerment Through Knowledge

The first discovery of cockroaches can be a defeatist feeling. The first answer to the question does renters insurance cover cockroaches is most certainly not fun. It seems like there is a door closing at a time when you need help the most.

However, the fact is, there is another door, a more powerful one that opens: and that door is the door to your legal rights as a tenant. Your protection does not come in the form of a piece of insurance, but rather in the form of landlord-tenant law and your basic right to a safe and habitable home.

By realizing you are the responsibility of your landlord, and through following a planned, documented process of communication and escalation you can come out of being a victim and into being the empowered advocate for your own well-being. You have no powerlessness or helplessness in this case.

Arm yourself with evidence, communicate professionally and do not hesitate to use the resources available to you, like your local housing authorities, tenant rights groups etc. While insurance may not be the answer to this specific issue, it’s very much a necessary safety net for other aspects of your life, from classic car insurance for your hobby to temporary car insurance for short-term needs. Remember that there is a legal and financial responsibility to solve this problem on the part of your landlord. And your job is to ensure that they do this. This whole ordeal becomes more important upon knowing the things what’s and isn’t covered, which is the key to knowing if does renters insurance cover cockroaches.

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