Who Is Responsible for Mice in Rental Properties?

Landlords are often responsible for pest control.

Landlords are often responsible for pest control.

Responsibility for dealing with a mouse problem usually falls on landlords, who must take reasonable steps when a tenant reports mice. State and local laws vary on the specifics of this responsibility, but landlords can face fines or lawsuits if they don't take appropriate action against vermin infestation. One noteworthy exception to this rule is when tenant neglect leads to a mouse problem.

Landlord Responsibilities

Typically, landlords are required to keep their rental properties habitable. This means that they must ensure their buildings are safe for people to live in, which means taking action against vermin infestations. If extermination efforts require tenants to leave their home for a few days, the landlord might also be responsible for covering the expense and hassle of tenants having to stay in a hotel during the extermination.

Tenant Responsibilities

Landlord-tenant laws place some responsibility for the control of mice or other vermin on tenants. These laws often require tenants to keep their property clean and sanitary. If a mouse problem is caused by a tenant allowing trash to pile up or not storing food properly, the tenant may have to cover the costs of extermination. Tenants who refuse to correct sanitation problems risk eviction and a possible lawsuit from their landlord to recover damages. In a few states, tenants may be able to assume full responsibility for pest control as part of their rental agreement.

Tenant Remedies

If your landlord refuses to correct your mouse problem, check your state and local landlord-tenant laws. They may give you several ways of dealing with the situation. In some places, you may be able to hire an exterminator yourself and then deduct the cost from your rent, although you'll usually have to be able to prove that you made a good-faith effort to resolve the issue with your landlord. Some states may also give you the option of withholding rent until your landlord resolves the issue. Other options may include suing your landlord in small claims court, ending your lease early or reporting the landlord to the local health or building authority.

Warning to Landlords

Failing to address a mouse problem can create significant problems for your business. In addition to having to cope with the ire of your tenants, you face scrutiny from government health and building code agencies. If you live in a state that offers tenant remedies against negligent landlords, you risk losing money if your tenants can withhold rent in response to intolerable living conditions.

Warning to Tenants

Not all states allow tenants to withhold rent, terminate a lease or deduct the cost of an extermination from rent in response to a landlord's neglect. If you try any of these approaches in a state where you don't have the legal right to do so, your landlord may attempt to both evict you and sue you for back rent. When possible, get legal advice before taking this type of action. If you can't afford a lawyer, contact your local Legal Aid Society or tenants union.

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