By Robert Griswold
Question: We live in an apartment that has been invaded by red ants. The pest control company has sprayed several times to no avail. They come into our unit primarily through the electrical outlets. Is the landlord responsible for solving this problem or should we move?Property manager Robert Griswold replies:
Yes, the landlord is responsible for pest control of your unit unless you (the tenant) are creating a condition that is conducive to pests. For example, per your lease or rental agreement, you must keep your unit in a clean and habitable condition. You should also cooperate with the owner or their pest control or maintenance representatives in their efforts to mitigate the ant problem.
At certain times of the year and in certain locations, most pest control firms indicate that red ants are difficult to control without an aggressive plan and everyone's cooperation. Of course, while you want this problem addressed immediately, you still retain control as to when and if access is allowed to your unit.
Landlords' attorney Ted Smith replies:
Robert points out that the responsibility for pest control ordinarily falls on the landlord and suggests a good way to try to resolve the ant problem. However, as the landlord's attorney, I need to remind you of a couple things. First, while you may have a serious ant problem, your unit is not uninhabitable under the laws of most states. In fact, if you take a moment, you will note that you have all the other services to your rental - heat, water, plumbing, amenities. These services give your apartment rental value.
If the matter is not resolved, one option for you is to move, but you'll need to give proper notice and pay full rent to the day your tenancy ends. Management has the right to enter the apartment; cooperate with them by allowing access at reasonable times necessary to take care of the problem.
Tenants' attorney Steven Kellman replies:
In respectful disagreement with Ted, the unit may not be habitable with an infestation of red ants. If you are thinking of moving, the problem must be severe. Having the basic services, as Ted points out, are not much good if you can't live in the place. While Robert makes a good point that ants may be a serious problem at certain times of the year, it simply remains the responsibility of the landlord to correct the problem.
In severe ant infestations, the landlord must take more serious (i.e., more expensive) steps to handle it. Maybe low budget spraying is not enough. There are a variety of methods available including laying down a barrier at the border of the property to repel the ants and placing traps designed to eradicate them at the source. If the problem is so bad at that property, the landlord should have figured out by now how to correct it or should have at lease warned any tenants of the problem before renting the place to them.
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