What's my responsibility in regard to mice in my rental house?

Question

Hello,

I have a tenant family in a freestanding house in a semi-rural area. She texted me last night to say that they'd caught 4 mice in the house recently and she doesn't want mice surprising them or their two young boys in the night. She essentially ordered me to call in an exterminator.

Am I responsible for handling the mouse situation? Whenever I've been a tenant and had a mouse, I assumed it was my responsibility.

Am I required to use an exterminator? Is it acceptable for me to suggest that they first make sure they're not leaving any human or dog food where mice could get to it?

Thanks for any insights you can offer!

Carol

Edward Debbs · Answer

I don't know if it's really anybody's "fault" that mice are getting in.  They naturally seek warm areas in the winter, and can squeeze through any crack that's larger than a dime in diameter.  They can also climb just about anything.

Don't let your tenants live with rodents in the house.  Also, it's your property.  Do you really want rodents in there building nests, chewing on things and pooping everywhere?  I'd call somebody and just get it taken care of.

Linval T. · Answer

@Carol Venolia

Well, it depends on what's in your lease. Below, is a link to a blog that can add some insight to your problem.

https://www.biggerpockets.com/renewsblog/2014/09/1...

JD Martin · Answer

Within reason, I would take care of the problem. Mice cannot be a problem if they can't get in, and unless the tenants are leaving something open to invite them in, there is/must be some entry point in your house - and once mice identify an entry point, it is open season until you seal that point.

So my leases state that pest control is the tenant's responsibility, but if/when a tenant calls me about a problem/potential problem that really isn't their fault, I just go ahead and call the exterminator, as it's a small cost that keeps people happy.

Mike Nelson · Answer

I just want to add be careful however it is handled that children or pets cannot be poisoned - or make false claims as such.  20-years ago my tenant who served as a "handyman" placed mouse poison under a fixture of a tenant, who claimed their child ate the poison, though there was no evidence as such.  As I recall, insurance dealt with it, and it was discovered the story was fabricated.  It taught me not to be put in that situation again.  Perhaps having a professional do the work is a solution, no legal advice given.

Matthew King · Answer

I have a rental in a rural setting, right next to farmland.  You get a great country setting, but you also get a great country setting.  I have an annual contract with a pest control company who treats the property every 2 months and if an unusual pest problem occurs they come back and treat on their dime.  I do this for my primary dwelling as well so I get a discount for multiple properties.   It's a small cost that reaps bigger rewards, happier tenants, happy owners (since the property is kept in better condition), happier life.  Plus the rent cost is set to reflect this extra cost to me so it's a no brainer.

Elizabeth Colegrove · Answer

What does you lease say? My lease says all pest are the tenants respsonisbility.

Ingrid J. · Answer

@Carol Venolia Having worked with insurance for quite a few years I would also check the terms of any insurance you have for the house and the rules for maintenance to keep mice away. If they have any particular requirements for house maintenance I would include those in future tenant leases.

Nathan Gesner · Answer

First, you should have something written in your lease that says tenants are responsible for "ordinary" pest control. We all face pests like sugar ants, flies, and even the occasional mouse. Unless you are somehow negligent, it's not your fault that they get inside the home and therefore it is not your responsibility to take care of them. I only deal with pest control when there is something unusual, like termites or a large number of dangerous spiders.

Even if you don't have anything written in your lease, you can still make the tenant responsible. First, I would inspect the home to see if the tenant's living conditions are causing the problem. Mice usually need a food and water source to keep them around. If the tenant is messy, I may help them out once but I would point out potential problem areas that they could fix to keep it from happening again. After an inspection, I would offer to help them out one time by purchasing some traps and placing them for them. After that, they are on their own. I would also follow up with a written letter explaining that they are responsible for ordinary pest problems so they don't raise the issue again.

Michael Seeker · Answer

@Carol Venolia - the answer to your question should be found somewhere in your lease.  If it's not, then I'd say it's something you should take care of.  I've found that if you leave things up to the tenants then they're likely to not get done or not get done correctly.  Either way you end up paying more money down the road when you can no longer deflect the issue to the tenant.  If I were you I'd take care of the problem and have whoever treats the house look for anything that might be attracting mice (besides the rural location).

Carol Venolia · Answer

Thank you, @Charles Clayton! I did have a decent pest clause, but since "exclusion" was the main recommendation of the exterminators, and I didn't trust my tenants to do that job well, I handled that part. I then left future trapping (and keeping the dingdanged food off the counters!) up to the tenants. All has been quiet for months. Yay.

What's my responsibility in regard to mice in my rental house?

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