Are Renters Responsible for Pest Control? (All 50 States)

A pest infestation can really wreak havoc on your life. Pests not only damage your home and garden but also pose serious health risks. You should always get rid of any infestation as quickly as possible.

This can be an expensive proposition. When you’re a homeowner, you can either pay an exterminator or do it yourself. If you’re renting, the issue of pest control responsibility can get tricky. It could fall on either the landlord or the tenant (or both).

Pest control responsibility laws vary widely by state. Research on all the relevant laws for all 50 states is compiled in this article.

I’ll cover some general information you should know regarding landlord-tenant pest control law, what the law says in your state, and what options you have as a tenant if your landlord refuses to provide pest control services.

General Overview of Pest Control Responsibility

Who conducts and pays for pest control can depend on what the pest is and how it got into the dwelling.

Tenants are often responsible for pests that come in as a result of their actions. For example, if you get ants because your apartment is messy with food spills everywhere, you will likely pay for extermination costs for your unit. You might even be responsible for pest treatment for the whole building.

On the other hand, landlords typically handle seasonal pest control that needs to be done every year. They’re also responsible for treating pests like mice, rats, and termites that may be present through no fault of the tenant.

Today’s Homeowner Tip

It’s usually impossible to determine the origin of an infestation with certainty. If you’re a renter and are being told you caused an infestation, I’d recommend talking to a lawyer and never admitting to it.

Warranty of Habitability

In almost every state, landlords must maintain a certain standard of livability in their properties. This doesn’t mean the place will be fancy — or even nice — but it must be “habitable.” This is called a warranty of habitability.

It’s an implied agreement that basically says “you’re renting this property to live in, so it’s clear that the property should be in a livable condition.” Each state may have its own warranty of habitability, but unfortunately, it won’t usually address pests explicitly.

Sometimes a state will have other laws on the books giving more clarity around pest control. If not, you’re in a bit of a legal grey area. You can usually fall back on a warranty of habitability which suggests the landlord should remedy the situation.

Check Your Lease

You should never sign a lease blindly. Always review it carefully with the help of a lawyer or real estate agent. Discuss anything you’re unsure about with your landlord and someone else you trust before signing anything.

Today’s Homeowner Tip

All leases should make policies on pest control very clear. Don’t rely on verbal agreements, which aren’t always protected by the law .

Make sure you know what your responsibilities are and have them in writing. Additionally, check your duties against laws in your state — you’ll find helpful information in this article. While many landlords are wonderful and honest, there are slumlords out there. If you sign something, you’re often out of luck later.

You should know that your lease cannot override state law, though. If your state has explicit laws around pest control responsibility, regardless of your lease, the law will prevail.

Tenant Responsibilities

Tenants have a responsibility to not bring in any new pests and to report the existence of any pests immediately.

The first part is easy. Keep your apartment clean and free of any food waste. Take the trash out regularly as well. Make sure to control fleas on pets. Finally, make sure you’re not picking up pests by visiting people with pest problems or having them visit you. This is especially important for bed bugs that spread easily from person to person.

As far as reporting goes, this can be an easy trap to fall into. You may end up having to pay for pest control if you knew about a pest problem before it got worse. It’s inconvenient, but report it right away in compliance with any state and local laws. You should also immediately report any structural problems you notice. Issues like leaks can attract pests to your home.

Landlord Responsibilities

In general, it’s the landlord’s job to make sure the building is up to code and habitable. If you do report a pest issue, your landlord is required to check with other tenants in the building in case the pests have spread.

It’s then up to the landlord to identify and remove the pest. In some cases, the landlord may try some DIY pest removal strategies. This is usually legal, but some states may require hiring a professional service.

Landlords also handle aspects of pest prevention, such as seasonal pest control, maintaining cleanliness in common areas, and fixing water leaks that attract pests. Some laws also require landlords to educate their tenants on pest prevention through direct education or informative handouts.

Common Apartment Pests

Some pests are more common in apartments than others. Here are a few examples, as well as a general overview of who’s responsible in each case.

Bed Bugs

Bed bugs are some of the most insidious pests you can get. They get their name because they bite people sleeping in bed at night. They often live in carpets, in nooks and crannies in the walls, and in clothing and other textiles. They’re hard to get rid of, but the good news is that landlords most often foot the bill for bed bug removal.

Most courts don’t consider a bed-bug-infested home habitable, so it falls under the warranty of habitability. It’s also difficult to prove who brought bed bugs in — they tend to spread throughout buildings — so the landlord covers it by default. Some states even have specific laws about bed bugs, even if they don’t have laws governing control of other pests.

Cockroaches

Cockroaches are familiar to most city apartment dwellers. They can live in other places as well, but there are millions in the city due to the high density of people. Cockroaches are known for their resilience, although the idea that they can survive a nuclear bomb is a myth.

Roaches tend to fall under the warranty of habitability, so often, they’re the landlord’s responsibility. Roaches are also attracted to food. If you don’t notice a roach problem for months and then discover one, you may end up responsible for the treatment if your lack of cleanliness caused the infestation.

Rats

As far as landlord-tenant responsibility goes, rats are basically the same as roaches. They make the home uninhabitable, but they often come in because of poor cleanliness in the home. So responsibilities can vary, but usually it falls to the landlord. Rats also come in because of leaky pipes because they’re searching for water.

Responsibility by State

Alabama

Alabama law states that landlords must “comply with the requirements of applicable building and housing codes materially affecting health and safety; make all repairs and do whatever is necessary to put and keep the premises in a habitable condition.”

This means that most pest control issues fall on the landlord. However, the tenant portion of the law also states that tenants must keep their part of the property clean. This means in obvious cases of pests caused by lack of cleanliness, tenants may be held responsible.

Alaska

According to the Alaska Landlord and Tenant Act, most pest control actions fall under “property maintenance duties.” The Act specifies that landlords must provide “extermination service if roaches, rats, mice or other pests infest the building, apartment or property.”

This is good news for renters because it means that landlords will usually take care of getting rid of the pests, even if they live in the property after you move in.

Arizona

The Arizona Residential Landlord and Tenant Act is a bit unclear on the responsibilities for pest control. Vermin is on the list of conditions the law deems as affecting health and safety within the home. This places responsibility for these infestations on the landlord under the warranty of habitability.

However, the only mention of insect pests is bed bugs. In this case, the law requires the landlord to disclose any bed bug infestation and not rent a property with a known infestation. They must also educate their tenants on signs of bed bug infestation. There is no clear assignment of responsibility for infestations that occur after move-in.

Arkansas

The law in Arkansas has little to say about pest control. Arkansas is also the only state that doesn’t have a warranty of habitability. According to the Office of the Attorney General of Arkansas, “When you rent a house or apartment, you usually agree to take it ‘as is.’ This means that the landlord is not required to provide additional maintenance to the dwelling.”

This law causes a lot of issues for renters in Arkansas getting stuck with the bill for control of pests such as bed bugs, which are almost always the landlord’s responsibility in other states. If you’re preparing to rent in Arkansas, be aware of this and make sure that the terms of pest control are clear in your lease.

California

The situation in California is good for renters. According to the California guide for tenants, landlords are responsible for maintaining a warranty of habitability. This covers both periodic pest treatments and handling of infestations.

However, the law also lays out a standard series of tenant responsibilities that include maintaining cleanliness. So a tenant can be held responsible for pest control treatments if they fail to do this and it has caused an infestation.

Colorado

The warranty of habitability in Colorado states that a dwelling can be declared uninhabitable if it lacks “appropriate extermination in response to the infestation of rodents or vermin throughout a residential premise.” This means pest control falls on the landlord unless the tenant causes the infestation.

The only insect pest with specific legislation is bed bugs. In this case, tenants must immediately notify their landlord, who then has 96 days to respond to the problem.

Connecticut

Connecticut has in place an implied warranty of habitability, so the law here works similarly to other states with such a warranty. Landlords are explicitly required to provide “extermination service if the apartment is infested with pests or rodents.”

However, tenants are required to keep their apartments clean, so there is some ambiguity if the tenant causes the infestation. Be aware of this when signing a lease in Connecticut.

Delaware

Delaware doesn’t mention pests in their Residential Landlord-Tenant Code. The state has an implied warranty of habitability, requiring landlords to “Keep in a clean and sanitary condition all common areas of the buildings, grounds, facilities and appurtenances thereto which are maintained by the landlord; Make all repairs and arrangements necessary to put and keep the rental unit and the appurtenances thereto in as good a condition as they were, or ought by law or agreement to have been, at the commencement of the tenancy.”

The law also protects tenants withholding rent in the appropriate circumstances. However, this doesn’t apply in cases where the tenant causes the damage.

Florida

Florida has clear laws on pest control responsibility — more clear than most other states. Included on the list of landlord responsibilities is “The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bed bugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent.”

That last part means that you won’t ever be paying rent on a building you can’t live in, but the landlord doesn’t have to pay for your hotel either. This can be tough if you don’t have family or friends close by, but it’s better than being stuck with the whole bill.

Georgia

Georgia has in place an implied warranty of habitability but no specific code addressing pests. The exception is a new law (passed in 2024) that landlords must notify tenants of bed bug infestations within 24 hours of discovery, and tenants must likewise inform landlords of infestations. However, the law doesn’t assign responsibility for treating bed bugs.

This means it’s extra important to check your lease every time you’re ready to rent. In cases that don’t directly influence the health and safety of the home, landlords have no explicit legal responsibility in Georgia. Keep this in mind to avoid ending up with a hefty pest control bill.

Hawaii

The policies for Hawaii are unclear as far as pest control goes. While landlords are required to maintain habitable conditions, including cases of emergency repairs, there is no specific mention of pest control or extermination in Hawaii law.

In cases like this, where the laws are unclear, it’s especially important to check the lease. The lease will often lay out certain terms for pest control, and if they don’t, that’s a red flag.

One property management company in Hawaii holds landlords responsible for pest control if the infestation is found within 10 days of move-in. Otherwise, they blame the tenant.

Idaho

Idaho law specifically indicates “insect infestations” on the list of issues a landlord must address under the warranty of habitability. As in other states, it’s important to follow proper procedure when reporting these infestations. In Idaho, you need to provide the landlord with a written list of issues, then give them three days to begin addressing the problem before pursuing a lawsuit.  

Illinois

Illinois has an explicit policy on pest control, as stated in the Illinois Housing Handbook — pest control is the landlord’s responsibility. But, as the Handbook explains, “if you are identified as the cause of the infestation, the landlord might refuse to exterminate or may charge you for extermination.”

While the above policy applies to the entire State of Illinois, Chicago has also passed a law addressing bed bugs. This is because bed bugs spread rapidly and quickly become a problem for whole buildings and complexes in densely populated cities.

Luckily for tenants, the law holds landlords financially responsible for clearing the infestation, as well as educating tenants about the prevention of bed bugs. However, there are some conditions. Tenants have to notify their landlords within five days of seeing their first bed bug. They must also follow some basic prevention policies, like bagging up belongings and making proper preparations for inspections and treatments.

Indiana

There’s no clear-cut allocation of landlord-tenant responsibility for pest control under Indiana law. There is an implied warranty of habitability. The law states that landlords are responsible for keeping common areas clean and doing necessary repairs. It also states that tenants are responsible for keeping their apartments clean.

So the nitty-gritty of who pays for pest control is, as in other states with ambiguous laws, ultimately down to the lease. Read it carefully and look for any loopholes that could leave you with an expensive pest control bill if you get an infestation.

Iowa

Iowa acknowledges that it’s covered under the implied warranty of habitability, which is good news for tenants since it means that many pest control issues fall under it. However, the warranty doesn’t specifically mention insects or vermin, so they may not always be the landlord’s responsibility —particularly if the infestation occurs some time after the move-in has happened.

As in any state where the duties are ambiguous, check your lease. A warranty of habitability has room for interpretation. Don’t assume you are protected in every situation.

Kansas

At the state level, Kansas law doesn’t get involved at all in issues of pest control related to renters. The state leaves it up to individual cities, so check the laws where you are planning on renting.

The Kansas Tenants Handbook uses Topeka as an example of common rules of responsibility regarding pest control. In Topeka, landlords must make sure properties are pest free before renting, but beyond that, it’s the tenant’s problem. Be careful if you’re planning to move to Kansas, because other cities may have similar laws.

Kentucky

Kentucky has a warranty of habitability. The law provides that a landlord must “comply with the requirements of applicable building and housing codes materially affecting health and safety” and “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”

This puts implied legal responsibility on the landlord for pest control issues, since these affect health and habitability. But as always, check your lease and any city laws to verify responsibilities.

Louisiana

Louisiana laws are unclear on pest control responsibility. The closest the state comes to mentioning it is in their guide for tenants and landlords on preventing and treating for bed bugs.

The guide is a good resource on pest control, but not great on the law. It suggests that landlords hire professionals to get rid of infestations and that tenants report problems to their landlords. The implication here is that, at least for bed bugs, landlords are usually responsible for pest control in Louisiana.

Maine

Maine has explicit laws addressing bed bug infestations in rental properties. Landlords can’t rent properties infested with bed bugs and must remove the pests if they appear. Meanwhile, tenants are obligated to report any bed bug infestation in a timely fashion.

The Maine publication “Consumer Rights When You Rent an Apartment” (available here) outlines Maine’s warranty of habitability, which requires landlords to repair unsafe or unhealthy conditions. However, the conditions must not be caused by you or your family.

Maryland

According to Maryland law firm Whitney, LLP, “Maryland law requires residential apartments to be free of all insect infestations, including bed bugs, at the time the lease begins,” and “When landlords have a duty to fix the infestation and do not do it promptly, they are negligent.”

That said, the government website is a bit less clear on the issue, and the lawyers would have a stake in exaggerating the laws. Make sure to check your lease anyway and discuss these issues with your landlord or local housing authority.

Massachusetts

According to The Attorney General’s Guide To Landlord and Tenant Rights, “The landlord must provide an apartment that is safe, clean, and in compliance with the Massachusetts Sanitary Code.”

The Sanitary Code provides that for a single dwelling unit, the tenant is responsible for pest control unless the landlord hasn’t maintained structural elements that keep pests out, but for two or more dwelling units, the owner is responsible for pest control.

Michigan

Michigan law doesn’t mention insect pests specifically. However, according to a government-issued publication on bed bugs, “Owners are responsible for keeping the entire building free from vermin. Tenants are responsible for the cleanliness of those parts of the premises that they occupy and control.”

It works the same way in many states — landlords handle most pest issues but are not responsible for tenant-caused infestations.

Minnesota

Minnesota law doesn’t explicitly mention pest control, but there is an implied warranty of habitability. More specifically, the law states that landlords must ensure “that the premises and all common areas are fit for the use intended by the parties.” They must “keep the premises in reasonable repair during the term of the lease or license, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant.”

In Minnesota, it’s implied that pest control is the landlord’s responsibility, because this would fall under being fit for use. But since it’s not explicit, make sure to check your lease and discuss it with your landlord.

Mississippi

Mississippi is a bit of a mystery. We didn’t find any solid government sources for information about pest control responsibility for tenants and landlords.

There is information available from the Mississippi Bar about general responsibilities for tenants and landlords, but these don’t go beyond common sense. So make sure you clarify these points with your landlord before signing any lease agreement.

Missouri

Missouri is another state where you might want to check your lease rather than relying on the law to help you. The responsibilities laid out in Missouri’s landlord-tenant law don’t refer to pest control.

However, there is an implied warranty of habitability. Tenants are responsible for maintaining cleanliness of their dwellings, which varies by case based on the type of pest. When in doubt, make sure to get everything in writing in your lease so there are no surprises.

Montana

According to Montana Law Help, landlords don’t have a duty to inform tenants of a history of bed bugs in the apartment. However, they are required to exterminate them if you find them.

The exception is if the bed bugs can be proven to be caused by the tenant or one of their guests, which is all but impossible when the infestation spreads to multiple dwellings in a building. The law doesn’t explicitly apply to other pests, but these fall under an implied warranty of habitability.

Nebraska

Nebraska has no renter-related pest control laws on the books, but properties in the state are protected under an implied warranty of habitability. The Landlord and Tenant Handbook from Legal Aid of Nebraska states that you may even be able to move out of your apartment without consequence if you notice problems early.

However, they also advise tenants to go through their leases carefully. This is important in any state that’s vague on its laws regarding pest control responsibility.

Nevada

In its warranty of habitability, Nevada cites “Building, grounds, appurtenances and all other areas under the landlord’s control at the time of the commencement of the tenancy in every part clean, sanitary and reasonably free from all accumulations of debris, filth, rubbish, garbage, rodents, insects and vermin” as conditions of habitability.

However, this only explicitly refers to the time the tenancy begins, which means there could be some ambiguity if there’s a pest infestation after the fact. In general, don’t rely on this law — and make sure to look carefully through your lease.

New Hampshire

New Hampshire amended its landlord-tenant laws for pest control in 2013. This amendment made bed bug infestations the responsibility of the landlord as long as the tenant has notified the landlord appropriately. Tenants can’t deny access to the dwelling for inspection and extermination. However, the landlord can collect the cost of the remediation if the bed bug infestation is the fault of the tenant.

New Jersey

According to New Jersey legislation, “The owner of a multiple dwelling, with the cooperation of tenants, is in the best position to coordinate the extermination of bed bug populations in that multiple dwelling.” This puts responsibility in the hands of the landlord.

As in other states, the laws are specific to bed bugs, but may be applicable to other pests as well. As always, discuss your lease with your landlord and a lawyer if possible.

New Mexico

New Mexico has an implied warranty of habitability, requiring landlords to maintain properties in a habitable condition and thus free from pests. However, the laws don’t mention insects explicitly.

One thing the law does mention is rent abatement. The law specifies conditions under which tenants can withhold rent if landlords haven’t made necessary repairs. This makes enforcing the warranty of habitability a lot easier for tenants.

New York

The New York Residential tenants’ rights guide cites the state’s warranty of habitability and that “Examples of a breach of this warranty include the failure to provide heat or hot water on a regular basis, or the failure to rid an apartment of an insect infestation” — placing responsibility for pest control on the landlord. However, it also states, “Any uninhabitable condition caused by the tenant or persons under the tenant’s direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the tenant’s responsibility to remedy the condition,” so tenants bear some of the burden for keeping units pest free.

North Carolina

North Carolina’s law is pretty explicit about bed bugs, but the law is not always a great deal for tenants. According to House Bill 721, landlords must hire an inspector to confirm there are no bed bugs before renting. If they fail to do so and a tenant finds bed bugs within 60 days of move-in, it’s the landlord’s responsibility — otherwise, the burden falls on the tenant.

State statute requires landlords to “Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition,” including remediating “rat infestation[s] as a result of defects in the structure that make the premises not impervious to rodents.”

North Dakota

As in many states, the law in North Dakota makes no mention of pest control. However, there is an implied warranty of habitability. This means that landlords must keep buildings up to health and safety codes and make the necessary repairs if they aren’t.

Most pest infestations can fall under this warranty. But just in case, make sure to check your lease since the laws are not explicit in this state.

Ohio

Landlords in Ohio have to keep buildings safe and habitable under an implied warranty of habitability, as is the case in many other states. This means most pest control issues should be the landlord’s responsibility unless the problem is the tenant’s fault.

In fact, Ohio takes this one step further and allows landlords to repossess apartments if there’s a violation of a health code that’s “primarily caused by any act or lack of reasonable care by the tenant, or by any other person in the tenant’s household, or by anyone on the premises with the consent of the tenant.” This could spell trouble in relation to pest problems, so watch out.

Oklahoma

There are no explicit laws around pest control in the state of Oklahoma. In fact, there isn’t even a solid ruling on whether pests such as bed bugs constitute a public health nuisance. Landlords can’t rent apartments with known infestations, but there’s not much legal recourse for refusing to exterminate bed bugs if the infestation is found well after move-in.

As always, be aware of the terms of your lease. Discuss pest control with your landlord so you don’t end up with an unpleasant surprise.

Oregon

Oregon explicitly addresses responsibility for “rodents and vermin” in its warranty of habitability. However, it further states that tenants shall “Keep all areas of the premises under control of the tenant in every part as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the condition of the premises permits and to the extent that the tenant is responsible for causing the problem,” so tenants could still be held responsible for pest infestations they caused.

Pennsylvania

Pennsylvania’s warranty of habitability is embodied in a 1979 State Supreme Court ruling stipulating that landlords must provide premises that are safe, sanitary and reasonably comfortable, including being free of vermin infestation. However, the fact that the warranty of hability isn’t provided for in state law leads to some complications in gettting a pest issue dealt with in a straightforward manner. .

The most direct method is likely to be contacting your local jurisdiction’s building code enforcement department, which will send an officer to investigate and can issue a citation to the landlord.

Rhode Island

Rhode Island Law covers a few different possible extermination situations with different responsibilities for each. If you live in a single-dwelling unit and have a pest problem, the responsibility is shared among all occupants. However, if you live in a multi-dwelling unit and the problem only affects your section, then you are responsible. If the problem affects multiple dwellings — more than two — it is the landlord’s responsibility.

All of this is superseded by a clause stating that responsibility for pest control falls to the landlord if the pest problem is caused by negligence of the owner — for example, if an unrepaired leak attracts rats.

South Carolina

South Carolina landlord-tenant law states landlords will comply with building codes affecting health and safety and keep properties in a fit and habitable condition, but doesn’t specifically address pest control responsibilities.

This state provides another example of a situation in which it’s critical to know how responsibilities are allocated in your lease.

South Dakota

There’s not much specific legislation regarding pest control responsibilities between landlords and tenants in South Dakota. There’s an implied warranty of habitability, which should cover insect infestations. As with many other states, this excludes situations that are the tenant’s fault.

One interesting rule in South Dakota is that tenants can withhold rent if repairs they’ve notified the landlord of aren’t completed and use the funds to complete the repairs themselves. If you find yourself in this situation, though, make sure you follow the procedures outlined in the law.

Tennessee

Tennessee law puts part of the responsibility for pest control directly on the landlord, but it puts a limit on it. The law states, “Every multiple dwelling or rooming house shall be kept reasonably free of household vermin provided that the landlord shall not be required to carry out treatment measures more than twice per year.”

In general, this shakes out to the same laws as other states, where landlords handle pest control unless it’s the tenant’s fault, but watch out. The phrasing of this law may cause landlords to try to get out of treating bad pest infestations that require multiple treatments.

Texas

Texas Property Code Title 8 requires landlords to make repairs if they affect the health and habitability of the building. This generally includes insect problems. Tenants must notify the landlord in writing of the problem.

The law doesn’t specify pest control as a repair, but Texas Law Help states that landlords are required to get rid of bed bugs unless they are proven to be the tenant’s fault. The rent should be up to date, and the landlord notified in writing. However, this source doesn’t cite specific legislation, so take that with a grain of salt.

Utah

Utah’s code of laws contains an entire chapter addressing the habitability of residential rental units — the Utah Fit Premises Act. However, the chapter doesn’t explicitly address pest control. It states the owner “may not rent the premises unless they are safe, sanitary, and fit for human occupancy” but that tenants are responsible for maintaining units in a clean and safe condition in compliance with local board of health rules.

According to Utah Legal Services, this makes tenants responsible for infestations they caused. The organization encourages renters to avoid being blamed for an infestation by doing a thorough check of the unit before moving any of their possessions into a unit.

Vermont

Vermont law requires tenants and landlords to each take responsibility depending on the origin of the infestation. The law states, “The owner of a dwelling shall be responsible for extermination of any infestation in any dwelling unit when infestation in a dwelling unit is caused by his or her failure to maintain the dwelling or infestation exists in two or more of the dwelling units in any dwelling.”

It also states, “The occupant of each dwelling unit shall maintain that part of the dwelling he or she exclusively occupies free from infestation and shall be responsible for extermination when the infestation is caused by his or her failure to maintain the dwelling unit.”

So whole-building problems and problems from poor building maintenance are the landlord’s problem, but if you bring in pests, it’s up to you to get rid of them.

Virginia

In Virginia, pest control is a joint responsibility between landlords and tenants. As cited by the Richmond Public Library, a recent Virginia court case clarified this split: “[The court] ruled that ‘the Virginia Residential Landlord and Tenant Act (VRTLA) provides tenants a warranty of habitability that a landlord and tenant cannot waive by agreement.’ Warranty of Habitability is a general guarantee that the property will be livable. There is no set definition for ‘habitable,’ but courts have found that a property must have proper working heat and utilities, be free of dangers and code violations, and be free of pests and infestations, just to name a few.”

However, the VRTLA also provides that tenants must keep their units free from pests and notify landlords of any pest infestations. The Richmond Public Library notes “So, tenants share in the responsibility to keep a rental clean and watch out for pest[s], but, as the court noted, ‘it is ultimately the landlord’s duty to keep the premises habitable’ and landlords must pay for exterminators.”

Washington

Washington law 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.”

If it’s not your fault you have pests, it’s up to the landlord to get rid of them. Excellent news for tenants.

West Virginia

West Virginia landlord-tenant law provides that landlords must maintain properties in a clean, safe condition in accordance with health codes “unless the failure to meet those requirements is the fault of the tenant, a member of his family or other person on the premises with his consent.” The law doesn’t specifically address pest control.

One interesting provision of the law is that “If a landlord’s duty under the rental agreement exceeds a duty imposed by this section, that portion of the rental agreement imposing a greater duty shall control.” This means that a lease can spell out specific responsibilities, including pest control, so renters have the ability to try to negotiate it into the lease.

Wisconsin

Wisconsin doesn’t mention pests in its landlord-tenant legislation, but the implied responsibility is on the landlords. The law states that all landlords must make necessary repairs to their properties and ensure their homes are up to health and safety codes. Pest infestations tend to be covered under these codes, so this puts pest control under that legislation.

The exception to this law is “repairs made necessary by the negligence of, or improper use of the premises by, the tenant.” As in many other states, if you brought the pests in, you have to get rid of them. Interestingly, Wisconsin law states that landlords have a responsibility to other tenants even if one tenant causes an issue. This means if you get a pest because of your neighbors’ lack of care, you are still off the hook.

Wyoming

Wyoming is another state with an implied warranty of habitability, but not much else. This means the only legal obligation landlords have for pest control is in cases where it influences the health and safety of the building.

This can be subjective, so always look at your lease in advance and discuss pest control responsibility ahead of time so you don’t get cheated. Check the laws in your specific city as well — since there may be city legislation that offers some clarity.

If Your Landlord Doesn’t Fix the Problem

Unfortunately, even if the law states that it is the landlord’s responsibility to fix a certain pest problem, they may try to get out of it. An unscrupulous landlord doesn’t have an immediate need to get the pests out of the apartment because, unlike you, they don’t always live in the building. This is especially true in large apartment complexes.

But this doesn’t mean there’s nothing you can do. Here are some steps you may need to consider if you’re having a pest control conflict with your landlord.

Note: this is not legal advice, and you should always consult with a lawyer if you’re in a conflict with your landlord over pest control.

Breaking the Lease

Throughout this article, I’ve mentioned the importance of checking your lease. If the lease is on your side, you may be able to break it legally due to a pest infestation. Breaking a lease usually involves big legal and financial consequences, but this may not hold true if the landlord hasn’t fulfilled their responsibilities.

You should only break your lease after attempting to resolve the issue directly with the landlord. You can also file a formal complaint with the local jurisdiction’s building department. They will issue a violation to your landlord if their inspection determines that your complaint is valid. Breaking a lease this way generally involves giving your landlord written notice. You may also have to wait a certain amount of time, depending on your state.

Withholding Rent

If you haven’t had to do it before, rent withholding sounds like something unethical or illegal. It’s actually perfectly legal in the right context. Rent withholding was designed to protect vulnerable renters from abusive landlords.

Don’t just stop paying and stay silent when you plan to do this. It’s important that you’ve done your homework and do what is legal and not a cause for eviction. You should withhold rent only after the landlord has already had a chance to fix the problem and has failed.

Withholding rent typically means you’re setting aside your rent payments and will only release them to your landlord when they remedy the problem. This doesn’t mean you get to skip rent payments. You should be able to show you still have it set aside and it’s not a matter of not being able or willing to pay.

In general, you need to notify your landlord in writing of what you intend to do. This gives them one last chance to fix the problem. Whatever you do, notify your local housing authority so they can help you. Don’t make any rash decisions about rent withholding — you could end up evicted, even if it’s not your fault.

Lawsuit

This option should generally be a last resort for handling a pest issue. Lawsuits are tremendously time-consuming and expensive, and they may not resolve in favor of tenants.

Lawsuits make more sense when the infestation affects whole buildings or complexes. In this case, a class-action lawsuit can pit you and your neighbors against the landlord. These cases more often resolve in favor of the tenants or settle out of court. It’s easier to prove that a landlord has violated a warranty of habitability when pest issues affect multiple units.

Final Thoughts

Often, it’s hard to tell who is responsible for pest control in rental properties. It depends on the type of pest and when the infestation started. Generally, tenants are responsible for pests resulting from their actions, such as lack of cleanliness. Landlords typically handle pest issues that arise through no fault of the tenant.

Laws vary by state, but in general, landlords cover costs for maintaining a habitable living environment and addressing widespread infestations of buildings.

I recommend you carefully review any lease agreements you intend to sign. It’s important to understand both your responsibilities and the protections you have under the law.

If a landlord neglects their duties to you, there are a few options. Withholding rent or pursuing legal action are steps that should be taken cautiously. These should be attempted after direct resolution attempts with the landlord have failed. Always consult local laws and seek legal advice to make sure your rights are protected and the issue is handled appropriately.

Frequently Asked Questions

Are landlords responsible for pest control in Pennsylvania?

Landlords in Pennsylvania must make sure rental properties are free of pests before tenants move in .rnrnThe Pennsylvania Landlord-Tenant Act of 1951 mandates that landlords provide habitable living conditions, including pest control, under the implied warranty of habitability.

Is a landlord responsible for pest control in Texas?

In Texas, landlords are generally responsible for maintaining a habitable property. This includes routine pest control for pests that cause health issues or structural damage, or carry diseases. They must make necessary repairs within a reasonable time after receiving notice from tenants. These repairs would be to address conditions affecting physical health or safety.

Who is responsible for pest control?

Laws vary by state, but in general, landlords cover costs for maintaining a habitable living environment and addressing widespread infestations of buildings.