Insects, Rodents, and Pests, oh my!
One of our duplexes has a rat problem on one side and a roach problem on the other.
One side we believe to be tenant cause, the other side is a mystery.
One side the tenant is working with us, the other side the tenant is a hot head who threatened to sue u for not providing a habitable unit.
Some think that pest and rodents are always the responsibility of the tenant. Some think that pest and rodents are always the responsibility of the landlord. Some think that pest and rodents are the responsibility of the landlord for a certain amount of time after move in, then responsibility shifts to the tenant.
Our rental agreement aligns with the last statement:
Landlord will at all times during the tenancy keep the premises fit for human habitation, and shall in particular… provide a reasonable program for the control of infestation by insects, rodents, and other pests at move in.
On a continuing basis, tenant agrees to…dispose of all rubbish, garbage, and waste in a clean and sanitary manner – at reasonable intervals – and assume all costs of extermination and fumigation for infestation caused by tenant.
My state laws states that landlords must provide a reasonable program for the control of infestation by insects, rodents, and other pests at the initiation of the tenancy and, except in the case of a single-family residence, control infestation during tenancy except where such infestation is caused by the tenant. Each tenant shall assume all costs of extermination and fumigation for infestation caused by the tenant.
If our ornery tenant did take us to court we think we could demonstrate that we have a reasonable program, have responded to the issue, and we might be able to convince the judge that it is tenant caused. I feel it is far from a health code violation.
It’s tough though. The problem is, even if you can convince a judge, the tenants are always genuinely confused as to why there would be bugs or rodents in the house. They certainly don’t have money for much mitigation. So we end up paying for exterminators. Again and again and again. Which is oh so frustrating.
My correspondence to the tenant includes this paragraph, trying to be helpful and put some responsibility back on the occupants:
You can also try any or all of these tips: bagging any open food not in the fridge, keeping up on the dishes, watching for spoiled/spilled food and crumbs, and emptying the garbage right away. Store fruit in the fridge or sealed, not on the counter. Use a garbage can with a lid. Roaches must have food and water to survive, so watch for any water leakage or other water source, and don't leave extra water on the floors/counters after cleaning.
Comments (1)
Michele,
We had a mouse and bug problem at one of our properties last summer / autumn. The mouse problem began when the landlord next door decided to make his dumpy pig look good with new siding ... all the disturbance drive the little furry critters out and some came next door. We baited, trapped (caught three) and thought we had rid ourselves of them but in November another was spotted (they like to come indoors as winter arrives, so seeing one or two is not a big deal).
During our second round of the building, we found more mouse sign than the single mouse sighted and found bugs (weevils) as well. In the end, it all traced back two one unit where the boys are not the best of house cleaners (the sink is always piled with dishes and there are food scraps left on the table and counter). We gave them a week's notice to tidy their unit and property dispose of household waste, then invoked the clause in the lease which permits us to send-in our cleaning unit at the tenants expense.
Since the intervention, they seem to be keeping up with things.
Roy N., almost 9 years ago