Florida’s warm climate makes it a hotspot for pests like ants, cockroaches, termites, and rodents. But when infestations occur in rental properties, the question arises: Who is responsible for pest control—the landlord or the tenant?
Florida Laws on Pest Control
Under Florida Statutes Section 83.51, landlords are required to provide a habitable living environment, which includes exterminating pests in multi-unit dwellings unless otherwise agreed in writing. However, single-family homes and duplexes are exempt from this requirement unless specified in the lease agreement.
Landlord Responsibilities
Landlords in Florida have a duty to maintain rental properties in a livable condition. This includes:
Ensuring units are pest-free at the start of a lease.
Conducting regular pest control in multi-unit dwellings.
Addressing infestations promptly when tenants report them.
Fixing structural issues (e.g., leaks, cracks, or gaps) that may invite pests.
Providing preventative pest control measures, such as seasonal treatments.
If an infestation predates a tenant’s move-in date, it is the landlord’s responsibility to resolve it. However, whether outdoor areas (e.g., yards, patios) fall under the landlord’s duty depends on lease terms and local regulations.
Tenant Responsibilities
Tenants also have a role in pest prevention. Their responsibilities include:
Maintaining cleanliness and proper food storage to prevent attracting pests.
Promptly reporting signs of infestations to the landlord.
Ensuring that their personal habits (e.g., trash accumulation, improper food disposal) do not contribute to pest problems.
Complying with any lease clauses that assign pest control responsibilities to tenants.
If a tenant’s negligence directly leads to an infestation, the landlord may charge them for pest control services.
Legal Recourse for Tenants
If a landlord fails to address pest infestations, tenants have several options:
Document The Issue
Document any pest sightings upon moving in. Take photographs or videos of any signs of pests in your unit, including droppings, nests, or insect trails. Keep a written log of pest-related incidents, including when and where you spotted them. This documentation can serve as crucial evidence if you need to prove a pre-existing issue or escalate a complaint to your landlord or local authorities.
Report The Problem
Report the problem to local housing authorities or code enforcement.
Communicate openly with landlords and request timely extermination services. If you notice a pest issue, notify your landlord in writing immediately. Be polite yet firm in requesting prompt action. If the issue is severe or affects multiple units, coordinate with neighbors to submit joint complaints, which may increase the urgency of the response. Follow up regularly until the problem is resolved.
Review Lease Agreement
Review your lease agreement carefully for pest control clauses. Some leases explicitly state whether the landlord or tenant is responsible for pest control. Understanding these terms before signing can prevent disputes later. If the lease is unclear, ask for clarification and request a written agreement regarding pest control responsibilities. Ensure you keep a copy of this for future reference.
DIY Options
Use DIY methods (traps, repellents) while waiting for professional pest control. If a landlord delays pest control services, take temporary measures such as sealing food, using natural repellents (like vinegar or essential oils), and setting traps for rodents.
However, avoid using harsh chemicals that might conflict with professional treatments. Keeping the space clean and minimizing clutter can also help reduce pest issues.
Escalation Steps
Withhold rent or terminate the lease under Florida’s warranty of habitability laws (only after following legal procedures). Seek legal action if the infestation poses a severe health risk.
Common Pests in Florida Rental Properties
Due to the state’s climate, these pests frequently cause issues in rental properties:
Cockroaches – Thrive in humid environments.
Ants – Often enter through small cracks and food sources.
Rodents (rats and mice) – Seek shelter in homes.
Termites – Cause structural damage if left untreated.
Bed bugs – Common in rental housing, requiring professional extermination.
Tenant Concerns
Many renters hesitate to report pest issues due to fear of retaliation or eviction. However, Florida law protects tenants from retaliation if they report legitimate pest problems. Additionally, health risks—such as allergies, infections, and property damage—make it essential to address infestations promptly.
Landlord & Tenant Responsibilities In Florida
Pest control responsibilities in Florida rental properties depend on the type of dwelling, lease agreements, and tenant behavior. While landlords are generally required to handle extermination in multi-unit housing, tenants must also keep their homes pest-free. If you’re facing a persistent infestation, Hoffer Pest Solutions offers expert pest control services to ensure a safe and comfortable living space.