Are Renters Responsible for Pest Control? The Guide for 2023
Landlord and tenant relationships can be challenging, especially when something goes wrong. And in the case of pest infestations, knowing who is responsible for remedying the situation can be seriously murky waters. After all, is pest control landlords responsibility, or does it fall on the tenant? Good question, and we’re going to dig into that topic to find out.
Note: RiddaBugs doesn’t provide advice or write about rodents and other animal pests typically. However, we’re going to go out on a limb and talk about pests as a whole, not just insects. Also, I am not a qualified legal professional, so be sure to check with an attorney or local authority before taking action.
Why is Pest Control Important?
Pest control is incredibly important in a rental property because pests carry diseases, pests can damage the property, and infestations affect everyone in the building.
Pests Carry Diseases
Pests are a health hazard. Mice, rats, roaches, and other critters can carry and spread diseases throughout the structure. Every surface they walk across could be teeming with dangerous bacteria, parasites, and other general filth. Having these disgusting creatures in an apartment building causes safety concerns that landlords and tenants shouldn’t have to deal with.
Note: If you are dealing with roaches and some other pests, this guide on the best roach bombs should help.
Pests Cause Damage
Pests can also damage the property. Rats and mice can chew through all sorts of building materials, carpenter ants and termites can munch on structural wood, and silverfish and carpet beetles can destroy housewares. There can also be urine or feces stains and marks throughout the apartment, requiring much more than a simple coat of paint when the resident moves out.
No One Should Have to Live with a Pest Issue
Pest issues aren’t fun for anyone involved, including the person whose apartment is infested, the landlord, and the other tenants in the building. Everyone involved should want to come to a fast, effective resolution that allows everyone to go back to life as normal as soon as possible.
General Overview of Pest Control Responsibility
When it comes to general responsibility as it applies to pest control and pest infestations, there are some basic rules that landlords and tenants need to understand. These are something of a baseline of expected behaviors.
Note: It’s important to recognize that pest control laws vary from state to state. This article is an overview of the general rules regarding pest control responsibility, but it is not legal advice.
Landlord Responsibilities
Generally speaking, the following are the basic landlord responsibilities:
- Provide a pest-free home at the beginning of the lease
- Comply with the implied warranty of habitability standards and building codes
- Address tenants’ concerns, including pest issues, promptly
- Communicate with all the building tenants to determine how bad the issue has gotten
- Identify, exterminate, and remove the pests or hire a pest control specialist to do so
- Provide proper notice to tenants of the pest control specialist’s expected schedule
- Contract for seasonal pest control needs
Tenant Responsibilities
When it comes to pest control issues, the tenant’s responsibility is less strict but just as important:
- Completely understand the rental agreement
- Keep the apartment in a clean and sanitary condition
- Notify the landlord if a pest infestation occurs
- Not to hinder the landlord in the process of removing the pests
- Treat a flea infestation and other pests on pets immediately
- Report any possible entry points
Any time that a tenant notifies a landlord of potential issues, whether they be pest issues or otherwise, they should do so with written notice. Providing proper notice ensures that the landlord cannot claim they didn’t know about the issue should a conflict occur.
What is an Implied Warranty of Habitability?
According to Investopedia, an implied warranty of habitability is “An implied warranty of habitability is an unstated guarantee that a rental property meets basic living and safety standards before occupation and will continue to meet them for the duration of the occupancy.”
Essentially, this means that regardless of whether the lease paperwork states that the landlord will maintain basic living and safety standards, they are responsible to do so. So this means making sure the rental property is pest free when the tenant moves in, and that the landlord will handle any potential issues that may occur down the road (such as a pest infestation).
Note: There are circumstances where the implied warranty does not cover certain rental property issues. For example, bed bugs are rarely landlord responsibilities, though some cities are adopting local laws that hold the landlord responsible for bed bugs on a rental property. If you’re dealing with your own bed bug issue, try one of the best bed bug steamers to kill them quickly. You might also consider bed bug sprays, which can be helpful to use in conjunction with steamers.
But, is Pest Control Landlords Responsibility?
In most cases, yes, pest control is the landlord’s responsibility. They are expected to take care of issues spurred by natural causes. This can include mice from nearby fields, rats from surrounding streets and buildings, roaches, carpenter ants, silverfish, and other pests that are common to the area.
In some cases, it may even be the landlord’s responsibility to pay to have a bed bug infestation handled (bed bugs are often unique cases and it could depend on state and local laws, even down to the individual cities).
However, there are cases where the tenant may be responsible for pest control. If their lifestyle does attract pests, such as they aren’t keeping the property clean or removing garbage, and the landlord can prove that the tenant caused the pest problem, it may be the tenant’s responsibility to pay for the pest control service. Local laws rarely hold these landlords responsible.
How To Address Pest Control in a Rental Agreement
Regardless of what the state’s pest control laws state, homeowners and landlords should get their pest control terms outlined in the lease agreement. This will ensure that everyone is aware of who is responsible for pest control from the start.
LawInsider.com offers several free pest control clauses. These clauses could be entered into a legal lease or tweaked to hit the important aspects of the individual lease agreement.
How To Handle Pest Control Issues
Unfortunately, pest control issues can happen in a rental property. Here are some steps to consider as both the renter and the landlord.
Renter: Check Your Lease Agreement
If you’re starting to notice pest problems, the first thing you should do is check your lease agreement. In most cases, pest control will be the responsibility of the landlord. However, if the lease agreement clearly states that the renter is responsible for pest control, it may be best to handle the issue (but you still should notify the property manager).
Renter: Report Rodent and Bug Infestations and Other Pests Immediately
If you’ve checked the lease and there isn’t any language stating that the renter is responsible for pest control on the rental property, report the pest issue to the property manager immediately. Be sure to take photos, explain the issue, give the landlord written notice, and be prepared for the landlord to perform an inspection.
Landlord: Inspect the Property
When a landlord receives a report of pest issues, they need to listen to the renter’s complaint, but they might also want to inspect the property.
In some cases, renters might mistake one or two insects for bug infestations, or misidentify a simple grasshopper for a roach. Also, if the property isn’t kept in a clean and sanitary condition, the landlord may not be responsible for pest control or the financial consequences.
Landlord: Hire a Pest Control Service
If it’s confirmed that there appears to be a pest infestation, the landlord should call a pest control service immediately.
A pest control specialist will know how to identify the insects, which chemical and mechanical pest control measures to take, and help the landlord and tenant avoid a pest control conflict or recurring infestation. Hiring a pest control expert is well worth the price, especially if you consider what happens if pests arise again.
If the Landlord Fails to Fix the Problem
There are some avenues of recourse that renters can visit if the landlord fails to fix the pest control issue. In both of the following cases, the tenant should confirm with the local laws or an attorney that they are within their rights to take action.
Taking Care of the Problem Yourself
In some cases, it might make sense for the renter to handle the pest infestation themself, and then go after the landlord for the damages in small claims court. If the landlord isn’t being attentive and the rental property is continuing to attract pests, the tenant can hire a pest control service to ensure the problem is taken care of before any serious health issues can occur.
Withholding Rent
In some circumstances, the renter may be entitled to withhold the rent from the landlord if they don’t take care of the pest control issue. When this is the case, the tenant should know that they aren’t getting a month of free rent. The entire amount will be due when the pest problem is solved.
Breaking The Lease
If the landlord doesn’t solve the problem, the renter may be able to break the legal lease and move out without consequence. This is especially the case if there is a health concern or the pest infestation is especially severe.
3 Tips for Preventing Pest Infestations in Rental Units
Managing rental properties is a lot of work, and dealing with a bedbug infestation, cockroaches, rats, mice, or other pests just adds to the frustration. Preventing pest infestations through the following tips can help avoid the situation.
Education and Communication
Landlords that educate tenants about the types of pests in the area may be less likely to deal with infestations. These tenants will know what to look for and how to avoid attracting them to their apartments.
Also, it’s important to encourage tenants to report any issues immediately. Waiting too long can take a small problem and turn it into an expensive pest control bill.
Routine Inspections
Rental business owners and landlords should consider performing routine inspections once or twice a year. In most cases, owners have the right to check their property as long as they provide enough notice to the tenant.
During this inspection, it’s important to look for signs of pests, rotting wood or leaks, and general untidiness. These are all issues that attract pests, and getting ahead of them before a pest infestation can occur can be a big help.
Proactive Pest Prevention
Since a landlord is typically responsible for pest control on their rental property, it makes sense that they would adopt a policy of pest prevention.
Hiring one of the best pest control services means that the landlord is leaving the rental property in the hands of a pest control expert. These pros will perform seasonal pest treatments that can prevent pest infestations. These pest control treatments are key to maintaining a pest-free home and complying with the warranty of habitability.
FAQs
That’s a lot of information about who is responsible for pest control. However, there may still be some additional questions that need answering. The following are some of the most common questions.
Who is responsible for pest control, landlord or tenant?
In most cases, the landlord is responsible for the rental unit pest control. This is the case for many pests, including mice, rats, ants, termites, roaches, and more. However, bed bug infestations may not be the landlord’s responsibility.
What is a landlord responsible for in a property?
The landlord is responsible for maintaining the structure, both inside and out, the heating and hot water systems, basins, sinks, and baths. They’re also responsible for pest control, in most cases.
Can a Landlord Walk Around Your Property?
Yes, as long as they aren’t entering filled apartments without notice. And in fact, a landlord walking about the property is a good thing, as they’re probably doing their best to ensure that the property stays comfortable and that pests aren’t.
Is pest control considered maintenance?
Some aspects of insect and rodent control can be considered maintenance when it comes to a rental property. For instance, any seasonal pest control treatments can be considered maintenance. Handling a pest infestation may also be considered maintenance, depending on the pest.
If the tenant brought home bed bugs, such infestation may not be considered maintenance and the tenant might be financially liable. For this reason, it’s important to ensure that the rental agreement clearly states who is responsible for taking care of pest issues, and what maintenance entails.
