Pest Control in a Rental Property: Who is Responsible?

Pest Control in a Rental Property: Who is Responsible?

Bugs, rodents, snakes, and spiders are the unwanted tenants that landlords and their renters never want to see get comfortable. But the reality is that every home is susceptible to pests, regardless of age, condition, and manner of living. While landlords are required to provide a pest-free place upon a new tenant moving in, who is responsible for combating pests during the lease period?

The easy answer is that pest control is a shared responsibility. But like most other laws related to housing, the line isn’t always well defined. 

Here’s what you should know about maintaining a pest-free property.

Tenants’ Role in Staying Pest-Free

The way a tenant lives can sometimes make for an inviting environment for pests. For example, routinely leaving crumbs on counters, tables, and floors is like asking for roaches and mice to invade. Sleeping with the windows open (and no screens) means that bugs and other pests might soon follow. Or in some severe cases, a hoarding-type situation where floors and walls are covered with boxes, trash, and debris can make it harder to find and eliminate pests from the property. 

Tenants bear a responsibility in maintaining a pest-free home by keeping the property clean and free of clutter and debris that might provide a suitable home for pests.

Landlords can ensure properties are being well kept by scheduling routine inspections and addressing potential issues that could be health hazards. For more information on how to properly conduct a property inspection, please contact us.

Landlords’ Role in Creating a Pest-Free Property

Prior to renting a unit, landlords have a responsibility to provide tenants with a pest-free home. This means ensuring small holes or cracks are sealed to limit the ways in which pests can enter. Major known issues, such as termites or a rodent infestation in the attic, should be addressed prior to renting the unit. 

If pests become a problem after the tenant has taken possession of the unit, it can be hard to draw a conclusion between an infestation and tenant behavior. Exceptions would be something like bed bugs, which can hitch a ride on a tenant’s clothing or luggage and would most likely be caused by the tenant or a guest.

And even in cases where landlords believe the tenant caused the infestation or pest problem, landlords must be able to prove so in a court of law. This should always be the final consideration when determining who should pay for the removal of pests. And in the meantime, landlords would err on the side of caution by handling the pest removal themselves and then seeking reimbursement from the tenant if it is determined the tenant contributed to the problem.

Now, let’s look at some common pest problems and the best way to approach them with your tenant.

Bats

Some openings in the upper areas or homes are large enough for bats to enter. Bats are the landlord’s responsibility to get rid of because their entry is very rarely due to the tenant’s behavior. Seal up any entry points and clean up their nest areas.

Bedbugs

Bedbugs are typically caused by tenants, even though it’s not necessarily their “fault.” Bed Bugs attach themselves to luggage and clothing, then catch a ride into a home to proliferate. However, in multi-family units, bed bugs can jump between units through outlets and other crevices. It’s not always easy to find ground zero, and treatment is often provided at the landlord’s expense if the source of the infestation can’t be found.

However, if you can prove with certainty where a bedbug problem originated, you may be able to hold a tenant financially responsible for the treatment. It’s advisable to at least try to find the source, as getting rid of bedbugs can be a months-long, highly invasive, and costly ordeal. It’s also best practice to take charge of the process so that tenants aren’t tempted to take a cheap way out and not fully eradicate the problem.

Bees and Related Pests

Pests of the flying and stinging variety can take up residence at any time. This one is hard to pin on your tenants, as nature typically takes its own course when it comes to nests. This problem can be urgent if your tenant is allergic to bee stings, for example. It’s best to take care of nest removal at your own expense.

Stray Cats or Dogs

Feral animals can be nuisances, especially if they’re begging tenants for food. Some residents may even go as far as removing vents from the home’s exterior so that the animals have a warm, cozy home. If this is the case, then tenants may be held financially responsible for any damage that occurs under the home (e.g., a cat that claws the insulation). However, tenants that complain about feral animals and do not promote the issue by feeding or housing them may be just in asking you to remove the animals from the property.

Cockroaches

Cockroaches can be either a tenant issue or a landlord issue. However, if the home was free of roaches prior to move-in, then chances are good that they either walked in with your tenant or were attracted to the home by tenant behavior. The burden would likely depend on how close to move-in the tenant reports the issue. If it’s within the first couple of weeks, then the issue might be yours to deal with. Again, this can still be hard to prove in court, so it’s usually best to handle the issue yourself.

Fleas

In many cases, flea infestations are caused by tenants and their pets. The exception is fleas that come from rats, which can find their way into your home if you also have a rat problem.

Flies

Flies can be found in nearly every corner of the world and are not the landlord’s problem. Most of the time, flies don’t even warrant a full pest control treatment. The best approach for landlords is to try to prevent flies and flying pests by putting screens on windows.

Gophers, Moles, Voles, and Similar Rodents

Another act of nature, small underground rodents are the fault of no one. And one or two isn’t even a problem to worry about, in most cases. However, keep in mind that several rodents can create environmental hazards, such as the upturning of grass and land that might create trip hazards. 

Mice and Rats

Mice are common enemies of rental units. They can sometimes be the result of a tenant’s living condition, but even clean homes can be targets of mice. Landlords should maintain a mice prevention strategy by using poisons and bait traps. If the tenant has pets or children, you might want to consider a different approach.

Raccoons

These adorable little bandits are notorious for breaking into attics and wreaking havoc. Even worse, tenants that are tempted to feed them only make the problem worse. Landlords will need to call a pest removal service, as trapping raccoons in some areas may be illegal. 

Skunks

Another act of nature, skunks are usually the responsibility of the landlord to remove from a property. They commonly invade sheds, garages, and the space under houses. Make sure entry points are well sealed to prevent skunk activity.

Snakes

Snakes don’t always need to be addressed unless they enter the dwelling or create a nest under the house. When either of these things happens, it falls to the landlord for removal.

Spiders

Another common house pest, a spider here or there would not warrant any major pest control activity. However, repeat occurrences might call for a professional treatment. The same goes for any dangerous spiders, such as a brown recluse. 

Ants

Ants could fall to either party’s fault, but many landlords defer to the tenants. Getting rid of ants can take an exorbitant amount of time and trial and error, and it’s almost always better to hire an exterminator. Because ants can be so complex to get rid of, landlords may find their ant problem taken care of faster by handling it themselves.

Termites and Other Wood-Eating Insects

Termites, carpenter ants, carpenter bees — anything that eats wood is a danger to the dwelling structure. Residents and landlords can reduce their chances by not keeping rotting wood near the home. However, if this isn’t the issue, then landlords will take responsibility to get rid of them.

Preventing Pest Control Issues Before They Happen

Prevention will always be the best defense against pest problems. Here are some things landlords can do to keep their properties pest-free now and over time:

  • Trim shrubs and trees away from the structure

  • Seal all entry points to discourage pests

  • Create a Borax bug barrier across every door and window

  • Repair any signs of rot immediately

  • Don’t permit residents to compost food waste or keep chickens on the property

  • Don’t allow residents to leave pet food outside

  • Discourage feeding wildlife or feral animals

  • Check foundation vents to ensure they’re firmly affixed

Keeping a pest-free home is everyone’s job, but you as the landlord need to take charge in ensuring tenants know how to do their part.

For more insights, head back to our blog "Let's talk about bugs".

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