Who’s responsible for rodents?

Question

I will be moving into a new apartment soon (for college) and I am aware of some nice and squirrel problems. I have contacted the landlord multiple times requesting that they be addressed before I move in. We’ll move in day is right around the corner and she has not addressed them still. Is there anything I can do to make sure it is taken care of? For reference I am in Minnesota. And in the lease, it states that “the tenant is responsible for pest control costs if it is determined that they are the cause of the infestation” but being that’s haven’t moved in yet it should also be free of charge. Thanks I’m advanced!

Scott M. · Answer

Your lease is.  Clearly what you posted makes this a landlord issue.  If they are not being responsive now they are not going to be responsive when you move in.  I would start looking for another place and let them know why you are not going to be renting and ask for your full deposit (if any given yet) to be returned as they have not lived up to the terms of the lease.  They in fact have broken the lease.  If you move in, expect this to be an ongoing issue given their lack of action prior to move in.

Steven Mitchell · Answer

I'm a landlord in Colorado and in my lease there is a clause that covers this I believe.  If I were you, I'd make sure you have written communication (emails, not texts!) to the landlord to confirm they 1) agree this is an existing issue and 2) they agree to resolve the issue prior to move in (be specific) and 3) if it arises again while you're a tenant, you won't be held accountable as the "cause" of the infestation.  My lease states that any infestation issue after 10 days or so is the responsibility of the tenant.

Here's the text in my leases: Pest control, after the first ten (10) days of the Term of this Lease, shall be the sole responsibility of the Tenant, including, without limitation, prevention and remediation. Tenant shall keep the Premises free of all pests, including without limitation, rodents, fleas, bed bugs, ants, cockroaches, gnats, flies, and beetles. Tenant shall pay for all costs associated with remediating pests from the Premises and shall inform Landlord at first sighting of any pests in order to avoid any infestation of pests. In signing this Lease, Tenant agrees that Tenant has examined the Premises and certifies that it has not observed any pests in the Premises.

Did your lease have anything similar?  Did you already sign stating that you did not observe any pests?  These might be factors but I'm not a lawyer, so I can't advise.

Otherwise, you might seek legal advice/support or refuse to move in or pay rent until the issue is resolved. If the landlord doesn't address the issue, you might be able to seek what's called constructive eviction (basically you evict yourself and terminate the lease) if the landlord fails to perform per the terms of the lease.

Good luck!  And please update here with how everything shakes out.