Investor · Ridgewood, NJ · Member since 2012 · 113 posts · 10 votes
I have seen some comments here where landlords put in the leases that the tenants are responsible for pest control. That being said I did come across an article saying in NJ the law states landlords are responsible for pest control costs associated with bed bugs.
Anyone know what is the rule in NJ (if there is a rule?)
Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
12y
My view is that pests are landlord responsibility unless the tenant caused the problem I had one set of tenants who had their furniture stored on his fathers farm. After they moved it in they had a huge mouse problem. I took many traps over and we finally got them all but I was not too happy.
Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
12y
in my lease there is an area where responsibilities such as pest control, lawn care, irrigation, wood destroying organisms, tree pruning, hurricane shutter installation, pool maintenance etc etc etc are landlord or tenant responsibility.
Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
12y
My view is that pests are landlord responsibility unless the tenant caused the problem I had one set of tenants who had their furniture stored on his fathers farm. After they moved it in they had a huge mouse problem. I took many traps over and we finally got them all but I was not too happy.
Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
12y
Uniformly, the owner is to provide a safe, healthy, maintained and compliant property.
Infestation of insects or rodents is not a safe or healthy environment.
Therefore, it is the landlord's responsibility. Owners should have a schedule of maintenance local or state law may dictate how often treatment should be. You should even if it's not required by law as tenants contracting any illness traced back to the environment you provided can fall on you.
A single family home will be different than an apartment, for apartments the owner is in the best position to manage a pest treatment program. If it were tenants, if the treatment is not coordinated you'd be chasing critters from one unit to another. A SFD could be done after an initial treatment by the tenant, but initially, the owner provides the safe and healthy environment.
Now, if you find that the tenant fails in housekeeping duties and creates then additional treatment can be justified and charged to a tenant. Need to consider basic wear and tear thinking here, normal or expected living styles, if a kid hides a sandwich so they have to eat it, that's normal, if a tenant allows pet waste to pile up, leave food out on a counter, the floor hasn't been swept in a month, that's different, that is poor housekeeping.
I'd never allow a tenant to do any trimming of trees, shrubs....maybe, depends on who they are, a 50 year old lady who gardens....yes, a college kid.....no.
Along these lines, a reminder, tenants may not be required to do maintenance or repairs on any residential property, commercial they may. This really boils down to tax matters and legal responsibilities of property owners, not to mention allowing a tenant to acquire an equitable interest in your property. :)
Rental Property Investor · Manteno, IL · Member since 2009 · 2k+ posts · 2k+ votes
12y
You think lawn care is the landlord's responsibility?
I would completely disagree. I think the rule is very simple. Each of those items is the responsibility of whomever is listed on the lease. If you don't list it, its the landlord's.
The one exception to that rule is any state or local laws that say otherwise. And there are probably also common sense exceptions as well.
I could very well put in my lease that the tenant is responsible for termites. And the tenant may very well agree to that - until they find out what they really costs. I don't see any tenant going to pay 2k or whatever it is for termite control. Trees would be the same thing. If a tree needs to be cut down, I don't see a tenant paying $600 to cut it down - even if it is in the lease. I see them leaving it there and possibly damaging the house more.
And if bed bugs is a state law then you're stuck. You don't even need to put that in your lease. Whats the point? You're responsible anyway. Unless you just want to reassure the tenant that you are responsible.
Does your house have bed bugs?
One thing I'd add. I don't see how the state can put that on the landlord. That seems to be punishing the landlord for what the tenant has done. The landlord can't exactly bring bed bugs into the house. The tenant would have had to have done it themselves by staying at some hotel or something.
Thats why I hold tenants responsible for ants and stuff. At some point, they have to realize they're moving in a home and there are some things that just go along with that. Dealing with ants and the like are one of them. If they want the kind of full service that comes with being in an apartment complex or something, then they need to go live in one of those. When you live in a house, you have to deal with some of the inherent things that come along with them.
Investor, Entrepreneur, Educator · Springfield, MO · Member since 2009 · 21k+ posts · 12k+ votes
12y
Fine, so long as it was ant and bed bug free when they take possession.
Mike, what caught my eye was the "can't see how the state can" point is, the state can regardless of a person's political views or how they interpret the constitution or define freedom or justify their thinking, the state can and does, either comply or suffer like everyone else.
Tag a tenant with some expense and hope they don't show up in court as you attempt to get your judgment, otherwise if they object, good luck winning, much less collecting. It's a cost of being in the business.
Investor · Fort Lauderdale, FL · Member since 2012 · 1k+ posts · 465 votes
12y
even though the lease has provisions for delineating the specific responsibilities, I checked off landlord on all but one.
I used to put "AC filter changed monthy" and "Rolling out and extracting waste collection bins on trash collection days" on the tenants, last year I started changing the filters myself after two properties had original filter after six months - I provided 11 new filters in the AC closets.
Real Estate Investor · Lincoln, NE · Member since 2013 · 584 posts · 353 votes
12y
The reality is that anything you want done on a regular basis to protect the value of your investment, you need to do yourself. For example, we change the furnace filters in every unit because otherwise it won't get done and we want to get as much life out of those furnaces as possible.
We also regularly pay for a guy to come out and spray for bugs. At the last spraying a tenant said, "You know, I haven't seen a single roach since you guys bought the building." That's the kind of thing that will pay off in a good reputation that will keep our building full.
Never forget that you are running a business and reputation matters.
I think the key is if it specifies in state law whether the landlord or tenant is responsible. I would ask your real estate attorney what the law is in NJ.
Here in Maryland, the law is silent on this matter, so this language would need to be added to the lease to be enforceable. I plan on putting a bed bug addendum in place, and testing each unit at turnover to be sure it is clear.
Real Estate Professional · Philadelphia, PA · Member since 2015 · 34 posts · 4 votes
10y
Basically, it is the duty of the landlord to take care of pest control, maintenance and other activities unless it is mentioned in the rental agreement that a tenant will be responsible for these things.
Stamford, CT · Member since 2017 · 30 posts · 10 votes
8y
I know some states do not allow to transfer maintenance to tenant. If this is what you want, a lease with option to buy will help. In this structure, the lease compliance with law. The second option agreement will list these tenant responsibilities.
Rental Property Investor · Jacksonville, FL · Member since 2008 · 784 posts · 528 votes
8y
Peter Fokas in Florida we are not required to offer pest service or maintain the lawn, but I think it’s a great thing to offer. I too have new AC units, it’s important to change out filters, at the beginning of the month and collect the rent at that time, find out if any other issues at that time.
In the end it’s about keeping and retaining good tenants, raising rents and providing solid value to your client.
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
8y
I have it as tenant responsibility in the lease. I go over at move in that this means they cause it they pay for it. Ants etc that is them they should control it. They should also take care of pests that are minor outdoor hazards by spraying and discouraging nesting. I take care of pests that invade the building envelope for which they didnt contribute: squirrels, bats, bees if nesting in the house. It is on them to be preventive. If you see an animal building, stop it, report it. I had one group of tenants who thought it was cute that the birds built a nest over the front door. Another with squirrels in the attic who waited until we noticed. If you say its on them some ignore it. If you say it is on the landlord some call for every little thing.
Investor · Thermopolis, WY · Member since 2012 · 4k+ posts · 4k+ votes
8y
My biggest concern is that if you say it's at their cost they won't tell you until things are really bad then they might just move out. Sure you can keep the deposit, do you really want a bad termite or carpenter ant infestation in your house? Same with filters. I buy a 3 pack of filters and stick them next to the furnace. I ask them to change them, but I still check them every year and make sure they are changed. You might lose a furnace motor because there is no air going through or even crack the heat exchange box and require a new furnace. Sure you MIGHT win a lawsuit against the tenant over the cost, but for 10 bucks every two years why risk it?