I have seen many cases where landlords have come to me with the pest infestation problem and ask – who is responsible? Should I pay for the pest control or the tenant?
Their worry is understandable since pest infestation is not a small issue. If not addressed, it can lead to various serious issues for both tenants and landlords.
Undoubtedly, a pest infestation in a rental property can cause problems for both tenants and landlords – especially when pest control is required to manage the situation.
When a property is rented, pest control is, undeniably, one of the most overlooked aspects.
Tenants seem unclear who is responsible for managing the pest in a rental property.
When bugs and other pests find their way into a rental property, it can cause conflict between tenants and landlords as to who is responsible for pest control. Many questions -“is the property pest-free,” “is there any area that encourages pest entry,” and “who is responsible for pest control” – cloud the mind of tenants as well as landlords.
What Is Pest Control?
The term ‘pest control’ covers a number of types of animal infestations and outbreaks. Although pest infestation is not in the hands of either tenants or landlords, it is essentially important to deal with the situation as soon as possible. The types of pests you may encounter in a rental property can include, but are not limited to:
Pest control is the process of managing (by using pesticides, deterrents, or repellants) or removing pests from home. Managing or controlling these pests can be done in a number of ways.
Of course, preventing a pest issue is much preferred to having to deal with one that has happened. But if the problem exists, there is only one way to deal with it: removing the pests from the property. Now, the question arises, who is responsible for pest control? Well, there is no one answer to this. If you ask the landlord, they will say tenants are responsible as they have rented the clean and hygienic property and if you ask the tenants, they would generally blame the landlords for the pest infestation.
Pest control is the general responsibility of tenants and owners to maintain the premises in a state of reasonable repair, safety, and cleanliness. Numerous cases have been brought before a court where the interpretation of the rental legislation has led to judgment. Sometimes it is in favor of the tenant but not always.
What RTA has to say about pest control? Read here.
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Is Pest Control A Landlord Or Tenant Responsibility?
Pests and vermin can become evident in a rental property at any stage of a tenancy. Determining who is responsible for managing the issue is complex. In many states/territories across Australia, the legislation around pest control is unclear and is often open to interpretation.
In fact, many local types of the council across the country also enforce health and safety bylaws for residential property owners to undertake pest control every year for pests and vermin.
Pest control can fall under the responsibility of both landlords and tenants to maintain the cleanliness of the property. Usually, landlords organize pest control at the start of the tenancy. And, when the pest infestation was caused by tenants’ lack of cleanliness or poor housekeeping, the tenants are held responsible, and they should do the pest control at the premises.
Additionally, if the tenants have received the property free from pests at the start of the tenancy period, it is their responsibility to leave the rental property in the exact same condition. If your tenant has not disposed of perishable waste or has undertaken activities that increase the presence of pests, as a landlord, you can argue and win a dispute that it is your tenant’s responsibility. But what is important is the chronology of events leading up to the discovery of the pest problem.
Check Your Lease Agreement
The first step is to read the lease agreement in determining who is responsible for the pest infestation issue. Some tenancy agreements include a clause regarding pest control. In these situations, use your signed agreement as your guide. It will help you in finding whether you or the tenant is responsible for the pest issues.
In most of the cases, your rental agreement will clearly define who is responsible for pest infestation. Know different types of lease agreement here.
Additionally, if you are a tenant, you should properly inspect the property before signing the lease. Along with this, ask the landlord when the last time they conducted pest control in the rental property was. This could give you an insight into whether your soon-to-be home is pest free or not. After all, no one wants to move in an apartment and, after some days, notice cockroaches and rats wandering the kitchen.
Also, if you suspect there is a pest control problem, you should get a clause regarding the pest control included in your lease agreement. This will help you if any pest infestation case arises in the future, and you are being held responsible for the issue.
Check the Residential Tenancies Act
If your tenancy agreement fails to address your pest problems, you should look at the Residential Tenancies Act 1997. The Act states that “the tenant must take reasonable care of the premises and keep the premises reasonably clean.”
So pest problems brought about by uncleanliness (e.g., the failure to dispose of rubbish properly) or that are caused by the tenant (fleas from pets) will be the tenant’s responsibility.
As a general rule, however, any outbreak or infestation of pests or vermin that was not as a result of the above will be the responsibility of the landlord/lessor.
According to RTA, you cannot expect the following from the tenants:
They leave the rental property in better condition than it was at the start of the tenancy period.
You cannot ask your tenants to use a specific pest control service. They can use any service of their choice.
You can specify the amount to be paid to the pest control service, either.
You can direct them to use pest control products from a particular brand.
Tenants – Your Pest Control Responsibilities
Generally, tenants are held responsible for pest infestation, such as fleas, which are caused by pets. Tenants are also responsible for pest prevention by ensuring food is properly stored and using sprays and baits where necessary.
And, as a tenant, you must make sure that an infestation does not occur. It also means you have to keep the house clean and address the presence of pests early.
When you complete your first property condition report, make sure you check the premises for cleanliness and maintenance issues, including insect pests like cockroaches, ants, and spiders.
However, if you notice the situation is getting worse and it existed before you have moved in, immediately contact your property manager and landlord. If your landlords ask to deal with the issue yourself, you can always head to state tenant authority for advice.
When you vacate your rental property, it is usually a condition of your tenancy agreement to undertake a flea treatment control if you have had pets living in the property. Check your lease agreement to see what applies to your tenancy.
These are some of the common responsibilities of the tenants:
They should clear wasps and bees if they ever start building a nest after they have moved in.
They should remove cockroaches, ants, or spiders during their tenancy period.
They should also deal with a snake safely if they even find one in the backyard of the house.
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Landlords/Owners – Your Pest Control Responsibilities
In most cases, property owners/landlords will be held responsible for pest and vermin control on animals, such as rats, mice, and termites. The one exception here is if the presence of the pest was caused by the tenant’s poor housekeeping or lack of cleanliness. As you own the property and you are aware of the ongoing pest issues, you should take the matter in your own hands and protect the tenants as well as the property.
The best way is to check and inspect the property before renting it out. Also, less common pests, which include termites and possums, are generally the responsibility of the property owner. You should also add a pest clause to your rental agreement if the tenants have pets.
If the tenant did not properly dispose of their rubbish, or undertook activities which increased the presence of pests, you could argue that this is your tenant’s responsibility. You can even fill an entry notice form if you want to enter the rented property on a specific date to investigate more about the pest control issue.
Hot tip: Many of the pests in the list above can be eradicated through the use of simple supermarket products, such as insect sprays, baits, and traps.
These are some of the common responsibilities of the landlords:
You should deal with the situation when possums and birds are nesting in the house and causing damages to the property.
When ants, bees, wasps, cockroaches, fleas, bedbugs, or vermin are seen in large numbers, you should deal with the problem right away.
Termites are always your responsibility regardless of the occurrence of their outbreak.
How To Deal With Pests?
If your pest problem requires costly action or turns into a bitter conflict, it can be difficult to resolve, whether you rent or own it. Negotiation is the first step to finding a result that works for all parties.
In the early stages, steps can often be taken to resolve the problem without calling in the experts. However, in extreme cases where you cannot reach a resolution, either party may request the appropriate state court for a decision.
Health And Safety Concerns
If you’re renting a property that has a pest infestation and you are genuinely concerned about your health and safety, make your concerns known to your property manager or landlord. If you see any mark of pests before moving in, you can ask your landlord to organize a pest control service in the apartment.
The owner is responsible for eradicating pests if the infestation occurs at the start of the rental. Renters should inspect the property carefully and look for signs of pests, including excrement in closets and on floors. You should also check if previous tenants owned cats or dogs, as fleas could breed in the carpet and not appear for a few months.
Also, while organizing pest control, make sure you keep in mind the health and safety concerns. Ask them to use environmentally-friendly products and pesticides that won’t harm the environment.
Conclusion
Whether you are renting a property or own the place, pest infestation is a serious issue. So, tenants and landlords should both take good care of the property. Also, landlords should make sure the place is pest free before renting it out.
I would recommend speaking with the owner to find an amicable solution that works for both. When this is not an option, and the tenant believes that the owner is responsible for the harm, several options are available.
The tenant can serve notice to the landlord of a breach of the agreement, a legal form by which the tenant can describe the aspect of the lease that the landlord does not comply with, in this case, failing to keep the property in reasonable condition clean, not to be repaired. The tenant can also contact the local council’s environmental health officer and inform them of the situation. Beyond that, bringing the case to the Magistrates Court is the next step in the appeal.
Lastly, pests are quite common these days. However, the situation with pests should be addressed as soon as you notice their outbreak, no matter who discovered the problem.