Are Landlords Responsible For Pest Control In Florida?

Florida is a tropical paradise. While there is a lot to love about our stellar climate, our warm, humid weather is also attractive to pests such as roaches, termites, and rodents. This brings up an important question: who is responsible for pest control in Florida?

Florida’s landlord-tenant law allows landlords to make tenants responsible for pest extermination for single-family and duplex units via a written lease. As a practical matter, landlords are still required to provide a clean, habitable, pest-free home for tenants. In addition, handling pest control yourself is a smart move to reduce the risk of damage to your rental property.

Eaton Realty provides real estate services to buyers, sellers, landlords, and tenants in Hillsborough County. Our comprehensive property management services include routine and as-needed property maintenance based on tenant requests. Reach out today to talk to a team member about our property management services in the Tampa area.

Avoid dealing with headaches like pest infestations on your own. Speak with our experienced Tampa property managers about getting your rental property professionally managed › 813-672-8022

Florida Law on Pest Control

Florida’s landlord-tenant law has specific provisions related to the landlord’s obligation to maintain the premises. This statute seems straightforward when it comes to pest control, stating that the landlord shall make reasonable provisions for the extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs.

The statute also provides that if extermination is necessary and the tenant must vacate the premises, the landlord must provide the tenant with 7 days’ written notice. The landlord must abate the rent for this time period, which cannot exceed 4 days. Landlords are not liable for damages if a tenant has to temporarily vacate the property for extermination.

However, the statute is a bit confusing at first read. Essentially, if you live in a single-family home or duplex, you might be reasonable for pest control if you agree to it in writing. In other words, if you are renting a single-family home or a duplex and your lease requires you to take care of pests, then you are required to do so.

Of course, even though landlords can require tenants to be responsible for the extermination of pests, there are good reasons why they would not do so. Pests can do a lot of damage, particularly when it comes to wood-destroying organisms like termites. Most landlords won’t want to put their investment properties at risk by leaving pest control up to the tenant.

Similarly, most landlords will want to make sure that the job is done properly to prevent damage to the house. Hiring your own trusted pest control experts can help ensure that the problem is addressed. Our Tampa property management team can schedule routine pest control for your rental property and handle any extermination needs as they arise.

When A Landlord Can’t Require Tenants To Handle Pest Control

Notably, landlords can’t contract away their obligation for pest control for multi-unit buildings. A landlord is not permitted to ask tenants to take care of roaches, rats, and other pests if they own a larger rental property with more than 2 rental units. A Florida lease should not contain this type of provision for these types of rental properties.

How the Implied Warranty of Habitability Applies to Pest Control

Beyond Florida’s landlord-tenant law, there is what is known as the “implied warranty of habitability” for residential properties. This means that landlords are obligated to provide a rental property that is fit to be lived in or habitable. It must be structurally sound, have working plumbing, hot water, and heating, and must have reasonable security (doors and windows that are in working order and that lock). It also must be free of pests.

The implied warranty of habitability is not negotiable. Unlike many other aspects of residential rental properties, a landlord cannot ask a tenant to sign a lease that would waive the basic right to a habitable dwelling.

Importantly, both Florida’s landlord-tenant law and the implied warranty of habitability include the requirement to comply with local building, health, and safety codes. In Hillsborough County, the property maintenance code requires the following:

All dwellings or dwelling units shall be free from insect and rodent infestation. All dwellings in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.

Taken together, these legal standards mean that landlords are ultimately responsible for making sure that their residential rental properties are clean, safe, and free from pests. While it is possible to require tenants to be responsible for pest extermination for single-family houses or duplexes, the landlord is still required to keep their properties free from infestations. For most landlords, the best practice is to handle hiring pest control themselves or through their property manager.

There is one small exception to this rule, however. If a tenant is responsible for an infestation due to a lack of cleanliness, hoarding, or another reason, they may be responsible for getting rid of the pests and paying for any damage. Carefully screening tenants and regularly checking on rental properties can reduce the likelihood of having such a tenant in your property. At Eaton Realty, our Tampa property managers take pride in not only finding great tenants for our clients but also in providing sufficient oversight with routine inspections to lower the risk of a pest infestation.

Preventing Pest Infestations in Your Florida Rental Property

Pests can be a real problem in West Central Florida. Our humid subtropical climate presents a perfect breeding ground for all types of pests. Some of the most common types of pests found in the Hillsborough County area include:

• Ants
• Bed bugs
• Termites
• Mosquitos
• Cockroaches
• Spiders
• Rodents
• Moths
• Weevils

While it isn’t always possible to prevent every pest infestation, there are some common-sense solutions that you can use to make an infestation less likely.

Remove Or Seal Food Sources

First, try to remove any food sources for pests. While this tip is mostly for tenants to do things like storing food in airtight containers and keeping the kitchen clean, as a landlord, you can provide sealed bins or containers for trash and compost to remove one possible food source.

Clean Up Standing Water

Second, eliminate standing water, which is often a breeding ground for pests like mosquitoes. Be sure to repair or replace leaking pipes and faucets, fix roof leaks, and address condensation problems by improving ventilation and air circulation. You should also repair any areas with water damage and try to find the source of the intrusion.

Seal Entry Points

Third, block entryways for pests in and around the rental property. Seal any cracks or crevices with caulk and fix any issues with windows and door screens. You can also install door sweeps and weather stripping on doors and windows. You should also make sure that your landscaping isn’t too close to the property and is spaced properly to avoid giving pests a place to harbor.

Implement Monitoring Or Regular Treatment

Fourth, monitor pest activity. This can help to prevent a pest infestation from becoming a much bigger problem and causing damage to the property. A regular pest treatment service can help keep an eye on pest activity.

At Eaton Realty, our comprehensive property management services can include scheduling routine maintenance such as pest control. Our goal is to keep your property in top shape - and pest-free. Generally, our residents are responsible for controlling nuisance pests such as roaches, spiders, and wasps, but landlords are responsible for termites. Our commitment to outstanding service is designed to keep tenants happy and your investments profitable.

Outstanding Property Management Services in Hillsborough County

Pest control is a fact of life throughout Florida. Staying on top of pests is critical to preventing damage to your property, whether it is your personal residence or a rental unit. If you do own a rental property, then it should be clean, pest-free, and habitable for your tenants.

Eaton Realty is a Tampa property management company that works with landlords throughout Hillsborough County. Our property management team is led by a NARPM-certified manager, giving you peace of mind in knowing that your rental units are being professionally managed to the highest standards. To learn more about our property management services, fill out our online contact form or call our office at 813-672-8022.