Tenant conditions - cockroaches

Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes

Originally posted by @Joe P.:

Hi all -- looking for some advice. My tenant has been complaining that there are cockroaches in the unit. When I purchased the property, there weren't any. I do inspections about once a month and this tenant isn't the cleanest, but I'm noticing its getting worse.

Its been about a month since I've been in the unit, and with an exterminator this time, we see there is an infestation. Its bad, and they clearly aren't cleaning the kitchen/bathroom, are leaving food out, etc.

In our lease I have a rules addendum that says any bugs/issues due to conditions of tenant would be their responsibility to pay for.

A few things I'm interested in doing, and gaining advice for:

1. I know I need to do periodic inspections on this tenant moving forward. How do you enforce things like keeping the unit clean?

2. They need to pay for this service and execute a massive cleaning ASAP -- what kind of official notice can I use here?

3. If they decide not to do one or both of the above, can I evict for bad conditions not adhering?

I'd like to get moving on formal notices here -- realizing I'm behind the 8 ball because of poor or insufficient management on my part. Happy to take the beatings from other landlords here, but seeking good advice to quickly nip this in the bud.

Joe, I feel for you, but you're not even answering the most important question here. You refer to this place as a "unit." Is this a SFR or part of a multi?

What are the provisions of the existing lease for cleanliness and inspections?

How are you so sure you're going to pass this expense on to them? How long have they been there? What's the rest if the lease period?

2 Reply

Marc Winter

Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 3k+ votes

7y

If this is a multi-unit property, it is the owner's responsibility (the way we interpret) and if it is a single, it is the tenant's responsibility. Keep in mind, roaches need food and water to survive. Make sure there are no leaks. I understand you can't control the food side of it.

You will never get a slob to change their ways--that's the way they choose to live. If they are paying the rent on time, and otherwise are not destroying the 'unit', I would leave them there and initiate a monthly extermination done by a licensed pest control company, and back charge the tenant for it.

You can't change their lifestyle, but you can protect your property from becoming a health hazard. (BTW--roaches are a major trigger for asthma and other bronchial problems.)

4 Reply

Joe P.

OP

Philadelphia, PA · Member since 2017 · 824 posts · 1k+ votes

7y

Hi @Jim K. this is the upstairs unit of a duplex. Two units, up and down. Thankfully my downstairs unit has not said anything about cockroaches (and they would, trust me) as of yet. I can't imagine this lasts long.

Provisions of existing lease are as follows -- I created a rules addendum document that says "The following items are not considered wear and tear to the premises, but is considered damage to the premises; subsequently the cost of repair will be deducted from any security deposit." Under this are some sub-bullets, which include, "Failure of tenant to regularly clean and maintain acceptable living standards" and "Vermin/insects on property due to negligence, poor hygiene, or detrimental conditions by tenant."

Based on this I believe it is their responsibility, especially since during their walkthrough in August, there were no bug issues present. Further, they moved in on September 7, 2018, and the first inclination of a bug issue occurred via text a few weeks ago.

As far as inspections, I don't have specific dates, but I do give them 24-hour notices that I will be stopping by. But it doesn't matter, I've never given them any indication of cleanliness issues or anything. I have told them in the past not to leave food out, but I only documented that in my tenant notes I keep for each visit. Nothing beyond that. The lease will end on August 31, 2019.

1 Reply

Joe P.

OP

Philadelphia, PA · Member since 2017 · 824 posts · 1k+ votes

7y

@Marc Winter, do I have the right to ask them to do a major cleaning at their expense and then charge them the exterminator costs? I really want to formalize this so they know how serious it is. Based on my lease/rules addendum I'm very confident I can pass along the cost to them, and I want to have reasonable responses if they refuse or do not pay, or whatever. Thoughts?

0 Reply

Scott P.

Rental Property Investor · Indiana...mostly · Member since 2019 · 468 posts · 245 votes

7y

I've never had roaches but I have a relative who had a tenant who had them. In a multi like a duplex I consider this to be a severe issue that can and will spread.

I'm responsible for giving the unit insect free. The tenant is responsible for keeping it that way. If they'll pay for the exterminator then fine but I could not imagine any tenant who lives with roaches also being willing to pay to get rid of them.

I'd be concerned they will say the roaches where there when they moved in and then they'll stop paying rent until you get rid of the roaches - which will be impossible without tenant cooperation - and you'll end up evicting which takes time and then losing the tenants on the other floor as well when the roaches arrive there. The tenant will then take the roaches along to their new location...

If it was me in my area, I'd tell them they are responsible for keeping the place insect free. If they balked, I'd offer them $100 to be totally gone in 7 days. I would not put utilities in my name as there is no chance of pipes freezing this time of year. I'd double check w/a lawyer than I can evict for this even if they are current. And I'd file for eviction same day. I DO NOT want a reputation for roaches. I wouldn't let this sit. In my 2nd hand experience it will only get worse and get worse quickly.

1 Reply

Marc Winter

Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 3k+ votes

7y

@Joe P.

Do you mean will you be arrested if you ask them type of 'right'? IDK but I kinda doubt you'll be incarcerated. To me it is all about how you ask. Remember, pigs are people too.

So, I would speak nicely with them. If that doesn't work, throw their butts out!

What I'm trying to get at is, you can't legislate or codify every possible event in a lease. Even if you could, we know a contract is only as good as the people that sign it.

OK, so in summary, ask them to clean up, and charge the for the extermination treatment until all signs of roaches are gone. If that don't fly, evict them.

1 Reply

Michael Noto

Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes

7y

@Joe P. The insect/bug clause in your lease is good in theory, but in reality if they are the kind of people that allow their apartment to get to the point where there are cockroaches they probably do not have the money to pay for treatment on top of their rent and in the end if the infestation lingers into the other apartment it becomes a bigger issue for you, not the tenant.

Just get it treated and get them out when their lease ends with the hopes of getting more responsible people in there for the next time.

2 Reply

Kenneth GarrettPro Member

Investor · Florida Panhandle/Illinois · Member since 2016 · 4k+ posts · 3k+ votes

7y

@Joe P.

I feel for you and this situation. Roaches take time to eradicate if at all possible. It requires good house keeping of all tenants. Roaches will move from unit to unit. You will need to treat the entire building. Eliminating there food and water source is essential. The difficulty in proving what caused them to be there is difficult to prove. It’s always circumstantial. They weren’t there till the tenant moved so it is logical to assume they are the cause. This is not so easy to prove. I agree with @Michael Noto if they don’t clean up there act which is difficult to turn slobs into clean tenants get them out when the lease ends. In the meantime treat the building.

Good Luck.

2 Reply

Randy E.

Rental Property Investor · Durham, NC · Member since 2014 · 1k+ posts · 1k+ votes

7y

@Joe P., I had a similar incident a few years ago with a SFR. Thankfully with a SFR. No bug problem before. A few months in, wife complains of bugs. I check it out and the kitchen was not quite filthy but generally unkempt. Trash overflowing and dishes with left-over food all over the place. They had three children, including two very young children, two jobs and a PT job, and I think life overwhelmed them.

When I talked to them about the need to keep the place cleaner and the roaches being a result of the trash and food, they seemed sincerely oblivious to the possibility. It was as if they had never put the two (dirty kitchen + roaches) together in their minds. Their thought process was "see roaches, call landlord for pest control appointment." I told them to clean and told them to spray for bugs themselves.

They never really got the place clean and the bug problem never disappeared. Not long after, we mutually agreed they could move out early. I called a pest control company and the guy said "No problem." Two visits in three days, $75, and all I had to do was sweep up a lot of dead bugs. Years later there have never been roaches again.

The problem you face is it is a MFU. In your case, I would give the tenant a week or two to clean adequately and have a pest control company (at landlord's expense) treat the unit and bottom unit. If you treat only the top unit, the roaches will migrate to the untreated unit. That's the last thing you want. That's why I would not make it the tenant's responsibility to pay -- it he doesn't want to or can't afford to pay, it won't get done. If the dirty tenant does not comply with cleaning, see if you can evict him -- I don't know PA law, but hopefully there is something in the lease he has violated by being so filthy. Or, if the lease is close to expiring, simply provide notice that you will not renew and tell him you won't penalize him for moving out early.

And I agree with the others who said a pig will probably not stop being a pig. He might be a great guy and an otherwise good tenant, but a pig is a state of mind.

0 Reply

Wesley W.

Rental Property Investor · The Vampire State · Member since 2013 · 2k+ posts · 2k+ votes

7y

You can always "clean up" your lease in order to more directly address some of your concerns moving forward. In landlording, strive to make each mistake only once. ;)

If it's a term lease you will have to wait for renewal, or ask them to sign an addendum, but they are not required to and most likely won't. If it's a a MTM lease, then you can terminate after proper notice and have them resign an amended lease for the following month.

Answers to your questions:

(1) Here's a part of my lease that notifies tenants I will be doing routine inspections throughout their occupancy:

13. RIGHT TO ENTER: You consent to our entering your apartment during reasonable hours for any inspections (by us or prospective buyers or renters), maintenance and repairs, pest control, for delivering notices, and for other purposes as provided by law. When advance notice of 24 hours or greater is given, all dogs in the unit must be crated/kenneled. Routine safety/maintenance inspections will be scheduled.

(2) My lease is very clear on this. In my case, the pest control cost would be due the following month as additional rent:

14. PEST CONTROL: Your rental unit has been inspected and deemed to be pest-free. If you have a special problem with pests, notify the Property Manager. You are asked to assist our pest control by maintaining a high standard of good housekeeping. If the sanitary conditions in your unit are such that it attracts pests of any kind, and it becomes necessary for us to undergo remediation in the building, you will be held financially responsible for reasonable costs thereof, paid as additional rent.

I know some have stated above that this is unenforceable with MF properties, but what I would do is inspect all contiguous units to this one and take pics of the housekeeping quality. I'm confident a judge would back me up if we ended up in a dispute and I could document that the likely food sources were only coming from this tenant.

(3) This is another reason why I only offer MTM leases. You have an uphill climb trying to evict for anything besides non-payment in most places. I can't for the life of me see any benefit that a term lease offers to the landlord. In my case, if they did not shape up after a "notice to cure" I would probably terminate their tenancy with 30 days' notice, especially if it was a MF property and other tenants could have their homes affected by the infestation.

Good luck!

1 Reply

David Gonzalez

Realtor · Camarillo, CA · Member since 2014 · 162 posts · 102 votes

7y

Check with an attorney that specializes in your states tenant landlord law.

1 Reply

Tenant conditions - cockroaches

Tenant conditions - cockroaches

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