Pest Control in Rentals: Who Pays?

Your landlord usually pays to get rid of roaches, mice, rats, ants, and other pests that were in the unit when you moved in or that show up in an apartment building during your lease, because habitability laws in states such as California and Washington, and local codes such as New York City's, require rentals to be kept free of infestation. You pay when your own housekeeping caused the problem: Washington law, for example, puts "all costs of extermination and fumigation for infestation caused by the tenant" on you. Single-family homes are exceptions to the general pest control duties in Washington and Florida, and Florida lets a written agreement change that duty even for apartments, but applicable housing and health codes can still require the landlord to treat pests. Bed bugs follow separate laws in some states, including California, and are covered in our bed bug guide.

When your landlord pays

An infestation the landlord ignores can make a rental legally unlivable. California's tenant guide describes a court case in which the continued presence of rats, mice, and cockroaches was among the defects serious enough to justify withholding rent. Our guide to your right to a habitable home explains those remedies and their risks.

Some cities go further. New York City's Local Law 55 of 2018 requires owners of buildings with three or more apartments to keep apartments free of pests, inspect every unit each year, and clean a vacant apartment and clear it of pests before a new tenant moves in. Owners must use integrated pest management (IPM), an approach that removes nests and droppings, seals holes and cracks where pests enter, repairs leaks that give pests water, and adds door sweeps. Any pesticide must be applied by a professional licensed by the New York State Department of Environmental Conservation.

When you pay

These situations can put the cost on you or end the landlord's duty to act:

• Your housekeeping caused it. Washington pairs its extermination cost rule with a duty to keep your unit as clean and sanitary as its condition permits and to dispose of garbage at regular intervals. California's tenant guide says that if your failure to keep the unit clean or to dispose of garbage substantially caused the problem, the landlord does not have to fix it, and you cannot withhold rent until you correct your own violation.
• You rent a house. Florida's general extermination duty does not apply to single-family homes or duplexes, and Washington's duty to control pests during the lease does not apply to a single-family residence. In those homes, check applicable housing and health codes as well as your lease before deciding who pays for treatment after move-in.

Florida also excuses the landlord from conditions caused by the negligent or wrongful act of you, your family, or your guests. If a landlord says you caused an infestation, ask for the pest control company's written findings before you pay.

What to do if your landlord delays

1. Report it in writing. Describe what you have seen, such as droppings, live insects, or gnaw marks, where you saw it, and when it started, and attach dated photos. In Washington, the notice goes to the landlord's designated agent or the person who collects rent and must name the property, the owner if you know it, and the problem. Our guide to how to report maintenance issues explains how to put a request in writing.
2. Know the deadline. In Washington, the landlord must start work within 10 days of your written notice for most problems, which would include a typical infestation, unless the delay is beyond its control. Shorter deadlines apply only to losing heat, water, electricity, the refrigerator, the range, or a major plumbing fixture, or a condition that is imminently hazardous to life. In New York City, HPD treats mice, rats, or cockroaches in an apartment as a Class C violation, which the owner has 21 days to correct; other pests are Class B, with 30 days. Both periods begin when HPD's Notice of Violation is served on the owner or managing agent.
3. Ask the city to inspect. In New York City, file a complaint online or call 311 if the landlord does not fix the problem or the work is not done safely. If you or your child has asthma and there are pests in your home, your doctor can request a free home environmental inspection through the NYC Health Department. Elsewhere, contact your city or county code enforcement or health department.
4. Check the rules before you withhold rent. In Florida, failure to meet the separate extermination duty in section 83.51(2) alone is not an eviction defense. An infestation that also seriously violates applicable housing or health codes under section 83.51(1) can support a defense to eviction for unpaid rent. That defense requires a written notice describing the violation and your intent to withhold rent, at least 7 days to pass after delivery, and compliance with section 83.60's court rent-deposit requirements. In California, withholding is limited to serious defects that threaten health or safety.

While you wait, HPD advises tenants to avoid pesticides and chemicals with strong smells.

Your duties during treatment

• Give access. Let the landlord and pest control company in after proper notice. In Washington, the landlord has no duty to repair a condition if you unreasonably refuse access for the repair. Notice periods vary by state; see when your landlord can enter.
• Leave if the treatment requires it. In Florida, if you must move out temporarily for extermination, the landlord must give you 7 days' written notice, you can be required to stay out for no more than 4 days, and your rent is reduced for that time. The landlord does not owe you other damages for the move.
• Expect a pesticide notice in California. If your landlord applies pesticide itself, without a licensed pest control operator, it must give you written notice at least 24 hours in advance naming the pest, the product, and the approximate date and time. For broadcast spraying, foggers, or aerosol sprays, tenants of the units beside, above, and below who could reasonably be affected must be notified too. When a pest control company starts an ongoing service contract, it must give the landlord and tenants written notice about the pesticides it will use, and the landlord must give a copy to each new tenant.
• Prepare and prevent. Follow the written preparation instructions you receive. HPD also asks tenants to keep homes clean and dry, store food in sealed containers, keep counters and sinks clean, get rid of clutter such as newspapers and paper bags, use garbage cans with tight-fitting lids, and take garbage out every day in tied bags.

If pests come back after treatment, report it in writing again and include the treatment date, so you have a record that the first treatment did not solve the problem.