Who Pays Biohazard on Rental

As legal protections fade and state support funds dwindles since the 2020 pandemic there is an increase in evections within the Fort Worth area.  Tragically, some tenants facing eviction see no way out and turn to suicide as their only solution. Such events not only bring emotional devastation but also create biohazard situations that require specialized cleanup. This raises an important and often contentious question:

Who is responsible for the cost of the cleanup?

When a tragedy like suicide occurs, it’s crucial to handle the after effects with compassion and sensitivity for all involved, as these situations often heighten emotions. Property owners, managers, or landlords may argue that the tenant caused the issue and therefore the responsibility lies with the family. On the other hand, the family of the deceased might contend that maintaining the property is the landlord’s responsibility while they focus on making funeral arrangements. So, who is ultimately responsible?

While we are not providing legal advice, in our experience, the responsibility for cleaning up rental properties generally falls on the landlord. Here’s why:

1. Renter’s Insurance vs. Landlord’s Responsibility
   Renter’s insurance typically covers a tenant’s personal belongings, not the physical structure of the property. In contrast, landlords have a legal obligation to ensure their rental properties are safe and habitable. This includes addressing biohazard situations, such as bodily fluids from a suicide, which can contaminate surfaces and, if left unaddressed, seep into flooring and walls, creating long-term health risks.

2. Maintaining a Safe Living Environment
   Landlords are required to maintain their properties in a structurally sound and sanitary condition. A biohazard poses a direct threat to habitability. If cleanup is not handled professionally, it could result in an unsafe environment for current or future tenants, potentially exposing landlords to legal liability.

3. Insurance Coverage
   Most landlord property insurance policies include coverage for biohazard remediation, meaning landlords can file a claim to cover the cost of professional cleanup. The only out-of-pocket expense is usually the deductible. Depending on the lease agreement, landlords may be able to deduct the amount of the deductible from the tenant’s security deposit, reimbursing themselves in part for the expense.

4. Professional Cleanup is Essential
   Attempting to remediate biohazards without professional expertise can lead to incomplete cleanup, leaving dangerous contaminants behind. This creates potential health hazards and legal risks for landlords. Hiring a certified biohazard remediation service like T.A.C.T. Fort Worth ensures the job is done properly and the property is restored to a safe condition.

Ultimately, it is the property owner’s responsibility to ensure that their rental unit is safe and free of biological hazards, including those resulting from a suicide. Proper cleanup protects both current and future tenants while reducing potential liability for the landlord.

At T.A.C.T. Ft Worth, we understand that these situations are emotionally overwhelming and often unfamiliar for families. We approach every case with compassion and professionalism. When working with families, we ask questions to determine whether the deceased was a renter or property owner and provide guidance on the next steps based on the unique circumstances.

If you ever find yourself in this situation, know that we are here to help 24/7/365. Contact us at (817) 357-7778, and we’ll support you through every step of the process.

T.A.C.T. Ft Worth is ready to assist in Arlington, Benbrook, Dallas, Decatur, Denton, Fort Worth, Grapevine, Haslet, Irving, Keller, Lake Worth, North Richlands Hills, Plano, Richardson, Saginaw, Springtown, White Settlement and surrounding areas.