Whether it's roaches, mice, ants, or bed bugs, pests can be a real nuisance in any home. But who's responsible for getting rid of them — the landlord or the tenant? The answer depends on your lease agreement and where you live. Generally, both the landlord and tenant may have certain responsibilities when it comes to pest control, and can choose to work together to get rid of these unwanted guests.
Who is responsible for pest control?
In most states, landlords are responsible for ensuring their properties remain pest-free and habitable. This means they may be required to treat existing issues or take preventive measures against pest infestations.
On the other hand, tenants may be responsible for notifying their landlords as soon as they spot signs of a problem.
Once the landlord is aware of an infestation, it is recommended they take the necessary steps to get rid of it as soon as possible. This could include paying for pest control services, providing traps or baits, or sealing up potential entry points around the property.
Whether you are an old or new landlord, it's possible to include a clause in the lease agreement that requires the tenant to pay for pest control services if there is evidence that the tenant is responsible for the infestation.
But if tenants are not responsible for it, the landlord should act promptly if you get the notice; otherwise, you may risk a lawsuit or rent withholding — both of which can be costly.
Laws on pest control — implied warranty of habitability
The implied warranty of habitability is the legal principle stating that landlords are required toprovide tenants with a safe and livable home, taking all necessary steps to prevent pest infestations and address existing problems.
Most states have laws that cover the implied warranty of habitability, making it the landlord's responsibility to keep their rental properties pest-free.
Currently, Arkansas is the only state that does not have an implied warranty of habitability in place, providing flexibility on pest control for landlords.
In all other states, the landlord is generally expected to fix any infestations and keep the property pest-free to reduce risk of legal consequences. States like California, Alabama, and Alaska have very specific laws regarding pest control that apply to all landlords.
Idaho also addresses the pest control issue by adding insect infestations to the list of nuisances that landlords are asked to take care of.
For tenants, the law also empowers them to file a lawsuit against the landlord.
Does it matter what kind of pest it is?
Yes, the type of pest infestation can determine who is responsible for the control.
In line with this, some states have specific laws regarding certain kinds of pests like bed bugs, cockroaches, and rats.
Here are some common pests and the legislation around them:
#1. Bed bugs
Bed Bugs are among the most common pests and can be difficult to eliminate. The law generally requires landlords to exterminate bed bugs from their rental units.
In fact, 21 states, including Florida, New York, and Maine, have specific laws regarding bed bugs, which explicitly state that the landlord is responsible for exterminating bed bugs from the premises.
This is usually the case because bedbugs spread quickly, so it can be difficult to pinpoint which tenant is responsible for the infestation.
#2. Cockroaches
Cockroaches are another common pest that can infest rental properties.
They fall under the implied warranty of habitability, and the landlord is generally responsible for exterminating them from their rental properties.
There are some exceptions to this. For instance, in some states, a tenant may be responsible for getting rid of cockroach infestations if it was due to the tenant's uncleanliness.
#3. Other pests
The law is pretty much the same for other pests. The landlord is usually responsible for exterminating any other common pests like ants, spiders, and rodents from their rental property.
It may be the tenant's responsibility if their lack of cleanliness caused the infestation, but landlords are recommended to act promptly to these matters to avoid further damage or complications.
Can landlord insurance cover a pest infestation?
Most landlord insurance policies do not cover a pest infestation or the damage caused by it.
This implies that the landlord is solely responsible for any expenses associated with getting rid of the pests, such as exterminator fees, repair costs for damaged property, and even the tenant's moving costs if they decide to move out.
To avoid such costly situations, landlords will often take measures that will not only exterminate the pets but also keep the landlord-tenant relationship in good standing.
Here are some steps you could take:
#1. Checking that the lease agreement specifies who will be responsible
To avoid complications, many landlords ensure that the lease agreement clearly states who will be responsible for exterminating pests from the rental unit and the conditions under which the tenant may be liable.
This can help avoid any misunderstandings or disputes in the future.
#2. Maintenance checks — Inspecting and cleaning the rental unit regularly
Regularly inspecting your rental unit and carrying out maintenance checks can help landlords spot any potential problems early on and take action before they become full-blown infestations.
This includes inspecting the unit for any cracks and crevices, checking for standing water or moist areas that can attract pests, keeping the rental clean, and investing in seasonal pest control treatments.
#3. Paying for the exterminator if needed
If a tenant informs a landlord of a pest infestation, promptly hiring a professional exterminator is a smart step many landlords take.
Later on, depending on the terms in the lease and the cause of the infestation, landlords may be able to claim the expenses from their tenant if they are found liable.
How to avoid bugs or other pests appearing on the property
Preventative measures are a smart step to avoid pest infestations. This includes:
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Ensuring a solid building foundation: Pests like rodents and termites require a hollow or soft structure to make their way in. Following building codes for strong walls and foundations can help keep these pests outside.
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Regularly inspect the unit for any cracks or crevices: You should inspect the rental unit regularly for any cracks or crevices on the walls, ceilings, windows, and doors. These are the entry points for pests that require sealing.
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Keeping the rental property clean: A cluttered and dirty house is an invitation for pests. Encourage tenants to maintain a clean living space to prevent these pests from entering.
Best practices include, but are not limited to, regular vacuuming and mopping, disposing of trash properly, and cleaning up spills promptly as they occur.
Key takeaways
- A pest infestation can be a nightmare for both landlords and tenants as it can lead to costly repairs and damaged relationships.
- While pest control is generally the landlord's responsibility, tenants also need to do their bit to keep the rental unit pest-free.
- If everyone plays their part, landlords may avoid costly repairs and legal action, ensure the property remains clean and habitable, and maintain a harmonious landlord-tenant relationship.
Disclaimer: The information provided in this article is for general informational purposes only and does not constitute legal or insurance advice. Underwriting practices, tools, and criteria may vary by insurance carrier and are subject to change. The examples provided are not exhaustive and may not reflect the specific underwriting process used for your property. Honeycomb Insurance does not guarantee that addressing these items will result in coverage or favorable pricing. For guidance specific to your situation, please consult with a licensed insurance professional. This content is not intended to create, and receipt of it does not constitute, an insurance broker-client relationship.