The tenant cannot withhold rent or demand free rent. They can terminate the lease in most states if the infestation is not handled by the landlord according to state laws and/or the lease. Recommendation:
1. Check your lease. What does it say about pest and rodent extermination? My leases state that the property was 'received by tenant free of pest and rodents' and that the tenant will be responsible during the term of the lease. If you lease doesn't state that, you are obligated to cure the issue (recommending they set traps is not a cure...). If your property is in California, here's the landlord responsibility for rodents:
"In California, landlords have 30 days to respond to a rodent complaint and make repairs. However, landlords must address urgent repairs immediately. Explanation
- Landlords are responsible for keeping rental properties safe and free of pests.
- Tenants should immediately notify their landlord of any rodent issues.
- Tenants can request faster repairs if the issue is urgent and poses a health or safety risk.
- Tenants can collect evidence of the problem, such as pictures or videos.
- If the landlord doesn't respond or the response is inadequate, tenants may have grounds for a lawsuit.
Landlord's responsibilities
- Landlords must respond to rodent complaints in a timely manner.
- Landlords must hire professional pest control services to eliminate the infestation.
- Landlords should take preventive measures to ensure rats do not return.
- Landlords should seal entry points and maintain cleanliness.\ (End)
Bottom line here: you have to know your state landlord tenant laws. It's on the internet.
2. Send the tenant a notice of declination in writing; send by email and then in writing through the postal system with proof of delivery required. State that California law provides landlords with 30 days to respond and that the withholding or refunding/rebating of rent is not a legal remedy. Their rent will the required per the contract.
3. List the steps you've taken to cure the problem - be factual only/no commentary.
4. Schedule a property walkthrough with the tenant, giving the proper state notice, to determine if the problem is due to cleanliness issues, leaks, unsealed perimeter entry points. Fix what is yours; let them know what, if any, are issues they must correct.
Again, know your state laws so you don't get jerked around by tenants.
Best.