Advice on tenant refusing pest treatment in apartment

[Adrienne Patel]

Hello all, I'd love to hear anyone's thoughts on this. I manage a 10 unit apartment complex, and we have a mostly mild (some units moderate) roach infestation that is affecting almost all the units.  The exterminators have recommended a clean out treatment which involves spraying pesticides, and tenants having to do some significant prep, including opening drawers, moving furniture away from the walls, and loosening electrical plates.  They need to be out of the unit for about 3 hours.

The treatment needs to include all units in order to be effective, as otherwise the roaches will migrate through walls to non-treated units.  We have one tenant who is refusing service and refusing to prep his apartment.  He just informed me he is moving out at the end of the month, and the treatment is scheduled for this week.  It is not realistic to change the date of the treatment, as other tenants have prepared and made arrangements, and also we don't want to wait as the infestation will worsen.

I am feeling stuck between a rock and a hard place.  Do you think it's fair to withhold the tenant's security deposit until his unit has been treated after he vacates, and we can be sure that the roaches are clear from his apartment and the surrounding units?  Any tips or suggestions would be much appreciated.  

Thank you!

[Jon K.]

The joys of property management. It's not always comfortable but in this case it's not up to the tenant. Barring a more diplomatic solution it sounds like the alternative is to delay treatment until they vacate but is tantamount to not doing your job.

What would you do if water were leaking through the ceiling of the apartment below this one and the tenant refused access for a plumber? Roaches are a health hazard and you have a responsibility to the other tenants as well as the property owner to take care of it in a timely fashion. Enforce the clause. If they really give you trouble about entry, I'd try to contact law enforcement. That being said I'd let them know that it's happening ahead of time.

"Per this clause we are allowed entry with adequate notice. If you refuse to cooperate, we will be entering on such and such day at this time to do the prep work and will bill you for those worker's time. Treatment will then take place as scheduled."