Is the landlord responsible for the cost of an exterminator?

Question Details:

I rent a single family home, which has a severe rodent (mice) problem. The owner refuses to pay for an exterminator to come out because she claims that it is a normal occurrence to have mice here in the winter. We noticed the problem as soon as we moved in and it is only getting worse. The mice are mainly in the kitchen and are getting into the food supply. I believe this to be a health risk. Is the owner responsible for the cost of an exterminator? Does the owner have a legal obligation to notify possible tenants of such infestations? I have already spent over $100 in mouse traps.

Asked 2/8/2012 under Landlord / Tenant | 52 View(s) | More Legal Topics

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Landlord / Tenant Law Answers

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney Answered 3 months ago | Contributor

All rental properties come with an implied warranty of habitability, or the requirement that the rental premises be fit for their intended purpose (e.g. residence). Conditions that effect habitability violate the warranty; therefore, a landlord is responsible for getting an exteriminator if the pest problem is sufficient to affect habitability. But the landlord does not have to bring in an exterminator for a small problem, which does not affect habitability. Thus, the answer depends on how severe the problem is.

Note the following:

1) A lease can reapportion the responsibility, so if you have a lease making you responsible for extermination, that is legal.

2) If the tenant causes the infestation, such as by not correctly throwing out garbage, it would be the tenant's cost to deal with the situation.