who pays for pest control? landlord or tenant?

Question

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?)

Wade Sikkink · Answer

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.

Jerry W. · Answer

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.

Bill Gulley · Answer

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.  :)

Jerry W. · Answer

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?

Fernando Diaz · Answer

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.

Charles Clayton · Answer

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.

Beth L. · Answer

@Peter Fokas

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.

Sam Leon · Answer

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.

who pays for pest control? landlord or tenant?

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