Is the Landlord Responsible for Rats and Mice on the Apartment Property?

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Discovering rats or mice in or around your apartment can be alarming — and unsanitary. Rodents pose health risks, damage property, and can be signs of deeper maintenance problems. But who's responsible for taking action? In most cases, the landlord bears legal responsibility for addressing pest issues within the apartment complex.

Landlord’s Duty to Maintain Habitability

Landlords are legally obligated to maintain rental properties in a safe and habitable condition. This includes taking reasonable steps to prevent and eliminate infestations of rodents, insects, or other pests. Rats and mice are typically classified as threats to habitability, especially when they enter living spaces, damage insulation or wires, or contaminate food and surfaces.

What Areas Are Covered?

Responsibility for pest control typically includes:

  • Individual apartment units (unless tenant behavior caused the problem)
  • Shared spaces such as hallways, laundry rooms, and stairwells
  • Exterior areas like dumpsters, basements, garages, and landscaping where infestations may originate

When Tenants May Share Responsibility

If rodent problems are directly linked to tenant negligence — such as leaving food out, poor hygiene, or improper trash disposal inside the unit — the tenant may be held partly or fully responsible for resolving the issue. In these cases, the landlord might charge the tenant for extermination services or repairs.

What Tenants Should Do

If you notice rats or mice:

  • Notify the landlord or property manager immediately, preferably in writing.
  • Document the sightings with photos or videos, including any damage or droppings.
  • Avoid using DIY poisons or traps without landlord permission — some leases prohibit it or require professional service.

Legal Remedies and Enforcement

If the landlord fails to take timely action, renters may be able to file a complaint with local health or housing authorities. In severe cases, tenants may have the right to withhold rent, seek reimbursement for pest control expenses, or even terminate the lease — depending on state and local laws.

In summary, landlords are generally responsible for keeping the apartment complex free from rodent infestations, both inside units and throughout common areas. Prompt communication and documentation are key if you encounter this issue — and understanding your rights can help ensure the problem gets resolved properly.

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