Landlords almost always are responsible for pest control. They must pay to exterminate infestations the tenant didn’t cause. They also must treat pest issues which affect more than one residence. There’s generally no obligation for a landlord to provide preventative services.
States with Specific Pest Control Laws
Most states cover pest control through general health and safety laws. A few have specific statutes and processes for pest-related issues, listed below. Most relate to bed bugs in particular.
| State | Standard(s) |
| Arizona | Landlords must provide “bedbug educational materials” to tenants. They cannot rent a unit known to have a current infestation. Tenants must keep from moving personal materials into an infested place. |
| California | “A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation.” |
| Colorado | Landlords must begin treatment of bed bugs, within 96 hours of receiving notice. There are specific requirements for treatment, costs, and other related topics. |
| Connecticut | Detailed notification and treatment process for bed bug infestation. Landlords must inspect within five days of notice about a potential infestation. |
| Delaware | Extensive requirements for suspected bed bug infestation. Landlords pay for treatment within 60 days of move-in or within 30 days of discovering another infestation in an adjoining unit. There’s otherwise a presumption that the tenant is at fault. |
| Florida | Landlords must treat “rats, mice, roaches, ants, wood-destroying organisms, and bedbugs.” They can’t charge rent while a tenant is out of a unit for pest treatment. |
| Maine | Extensive requirements and process for suspected bed bug infestations. Landlords must inspect within five days of notice. Upon finding an infestation, they must contact pest control within ten days thereafter. |
| Massachusetts | Landlords are responsible for pest control in multiple-unit dwellings. Before any new occupancy, the owner of a property must inspect for pests. Inspection reports must be made available to state officials upon request. |
| New Hampshire | Landlords cannot rent a bed bug-infested property unless they are in a qualified remediation program. The landlord pays all costs, but can later bill the tenant for infestation that was the tenant’s fault. |
| North Carolina | Rat or mosquito infestations are an “imminently dangerous condition” if related to structural issues like moisture or improper outdoor sealing. |
| Rhode Island | Occupants are liable for extermination by default. Landlords pay if the infestation is in multiple units. They also pay for infestations caused by landlord failure to maintain pest-proof conditions. Pest-proofing requires stacking materials neatly 18 inches above ground level. |
| Tennessee | “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.” |
| Vermont | Occupants are liable for extermination by default. Landlords pay if the infestation is in multiple units. They also pay for infestations caused by landlord failure to maintain pest-proof conditions. |
| Washington | Landlords must provide a pest control program at the start of a tenancy. They must address any infestation the tenant didn’t cause, except in single-family residences. |
States Without Specific Pest Control Laws
States without specific pest laws, like New York and Florida, still require treatment of infestations. Such issues are simply handled under basic health and safety requirements.
In general, landlords in such states must treat infestations of multiple units or in common areas. They also must treat infestations the tenant didn’t cause. They can bill tenants for infestations caused by the tenant’s deliberate or negligent actions. In most cases, there’s no obligation for a landlord to provide prevention or other services unrelated to an active infestation.
Delivering Notice About a Pest Control Issue
Tenants usually have to deliver notice about pest control issues to the landlord before there’s a legal duty to act. Such notice must meet legal requirements. Some states permit verbal notice about such issues. Many require written notice.
Proving how long a landlord took to respond to a repair request is a critical part of any legal remedy, especially when reporting a landlord to housing authorities. Whether or not it’s legally required, written notice to the landlord is the best way to ensure this evidence is available, especially when delivered through certified mail.
Consequences for Failure To Provide Pest Control
Landlord failure to provide required pest control is a serious housing violation. State laws vary widely, but if a landlord doesn’t provide pest control after proper notice from the tenant, the following remedies are often available:
- Forcing compliance via court order
- Suing the landlord for costs of the violation (monetary damages)
- Reporting the landlord to housing authorities
- Ending the lease and moving out (for major violations)
It’s often also legal for a tenant to contract for repairs and deduct from the rent. However, the deductible amount often is too low to cover all costs of extermination, cleaning, and so on.
Sources
- 1 Ariz. Rev. Stat. § 33-1319 (2022)
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Detailed requirements are laid out in Ariz. Rev. Stat. § 33-1319 (2022).
Source Link - 2 Cal. Civ. Code § 1954.602(a) (2021)
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“A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation.”
Source Link - 3 Colo. Rev. Stat. § 38-12-1001 et seq.
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Colorado Bed Bugs in Residential Premises Act, Colo. Rev. Stat. § 38-12-1001 (2023) et seq.
Source Link - 4 Conn. Gen. Stat. § 47a-7a (2021)
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The statue lays out detailed requirements. “…A tenant shall promptly notify a landlord orally or in writing when the tenant knows or reasonably suspects that the tenant’s dwelling unit is infested with bed bugs. Not later than five business days after receiving such notice, the landlord shall inspect or obtain an inspection by a qualified inspector of the dwelling unit…”
Source Link
- 5 Del. Code Ann. § 5317 (2022)
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The statute lays out detailed requirements. “A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows or reasonably suspects has a current bed bug infestation…. Prior to renting a dwelling unit, a landlord shall disclose to a prospective tenant if an adjacent unit or units are currently infested with or are being treated for bed bugs,” etc.
Source Link
- 6 Fla. Stat. § 83.51(2)(a) (2022)
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“Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for the extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs.”
Source Link - 7 Maine Rev. Stat. § 6021-A (2022)
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The statute lays out detailed requirements. “Upon written or oral notice from a tenant that a dwelling unit may have a bedbug infestation, the landlord shall within 5 days conduct an inspection of the unit for bedbugs. Upon a determination that an infestation of bedbugs does exist in a dwelling unit, the landlord shall within 10 days contact a pest control agent pursuant to paragraph C,” etc.
Source Link - 8 N.H. Rev. Stat. § 48-A:14(I) & (I-a) (2022)
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“No landlord… shall maintain… rented premises in a condition in which… the premises are infested… and the landlord is not conducting a periodic inspection and remediation program.” N.H. Rev. Stat. § 48-A:14(I) & (I-a) (2022).
Source Link - 9 N.H. Rev. Stat. § 540:13-e (2022)
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For details on bed bug infestation law in New Hampshire, see N.H. Rev. Stat. § 540:13-e (2022).
Source Link - 10 N.C. Gen. Stat. § 42-42(a)(8)(k) & (a)(8)(l) (2022)
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“The landlord shall within a reasonable period of time based upon the severity of the condition, repair or remedy any imminently dangerous condition on the premises after acquiring actual knowledge or receiving notice of the condition. Notwithstanding the landlord’s repair or remedy of any imminently dangerous condition, the landlord may recover from the tenant the actual and reasonable costs of repairs that are the fault of the tenant. For purposes of this subdivision, the term ‘imminently dangerous condition’ [includes]… Rat infestation as a result of defects in the structure that make the premises not impervious to rodents [and] excessive standing water, sewage, or flooding problems caused by plumbing leaks or inadequate drainage that contribute to mosquito infestation or mold.”
Source Link - 11 R.I. Gen. Laws § 45-24.3-6(i) (2022)
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For liability standards, see R.I. Gen. Laws § 45-24.3-6(i) (2022).
Source Link - 12 R.I. Gen. Laws § 45-24.3-6(k) (2022)
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For requirements related to pest-proofing of stored materials, see R.I. Gen. Laws § 45-24.3-6(k) (2022).
Source Link - 13 Tenn. Admin. Code § 1200-1-2.05(4) (2002)
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“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.”
Source Link - 14 Vt. Health Regs. § 6-6.0 (2023) et seq.
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Vermont’s pest control requirements are detailed in Vt. Health Regs. § 6-6.0 (2023) et seq.
Source Link - 15 Rev. Code Wa. § 59.18.060(4) (2022)
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“The 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 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.”
Source Link - 16 105 Mass. Reg. 410.550(F) & (G)
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(F) The owner of a residence, except for a homeless shelter, shall conduct an inspection of each unit prior to a new occupancy to identify the presence of pests. Homeless shelters shall establish pest management policies that include periodic inspection for pest infestation as outlined in 105 CMR 410.550(G).
(G) Owners shall make the documented inspection results and actions taken available upon request by the board of health. Documentation shall include:
(1) Monitoring the presence of pests;
(2) Eliminating entry points for pests;
(3) Documenting results of the inspection; and
(4) Documenting actions taken as a result of the inspection to include:
(a) Repairs made;
(b) Location of pesticides applied and by whom; and
(c) Date and results of a follow-up inspection.
Source Link
