Landlord or Tenant responsible to remove groundhog digging holes under rental house

[Justin Igoe]

I have a single family rental that has a groundhog living and digging tunnels underneath the house. When the Tenant notified me of the groundhog we agreed I'd supply her with a trap and she'd try catching it. The groundhog came into the trap and took the food once but escaped squeezing out the back, so no luck yet and this has been going on for months. 

After recently reading the DE Pest and Bugs code, it sounds like the owner's only responsible for pests before renting, but after it's rented(free of pests) it becomes the Tenant's responsibility. I saw no indication of a groundhog before renting it out and the Tenant had already lived there for 7 months when she notified me of the groundhog. She said the neighbors told her that the previous owner had also been trying to remove a groundhog. She's been an excellent Tenant. I want to be fair with her and also want to make sure this groundhog is removed asap as I have no idea how much damage is being done from these tunnels underneath the house. 

Does anyone have advice on whether I should tell her it's actually her responsibility and she needs to have it removed, or should I continue working on other solutions myself to remove it?

Here is the Pest and Bugs DE code: 

(a) Owner's responsibility.--The owner of any structure shall be responsible for extermination of insects, rats, vermin or other pests within the structure prior to renting, leasing or selling the structure.

(b) Tenant-occupant's responsibility.--The tenant-occupant of any structure shall be responsible for the continued rat proof condition of the structure, and if the tenant occupant fails to maintain the rat-proof condition, the cost of extermination shall be the responsibility of the tenant-occupant.

(c) Single unit occupant's responsibility.--The occupant of a structure containing a single dwelling unit shall be responsible for the extermination of any insects, rats or other pests in the structure or on the premises.