Pests or vermin in a rental property

Who is responsible for removing or exterminating pests or vermin during a tenancy depends on whether:

• pests or vermin were already a problem when the tenant moved in
• a problem with the property has allowed the pests to enter or an infestation to develop
• the tenant contributed to the problem.

Landlords’ responsibilities

Generally, landlords are responsible for pest and vermin issues that occur at the start of the tenancy. This is part of a landlord's responsibility to provide a reasonably clean property that is fit for the tenant to live in.

Tenants’ responsibilities

Tenants are generally responsible for getting rid of pests and vermin if the issue arises after they have moved in and if it was caused by the tenant’s activities or lack of cleanliness.

For example, the tenant has not removed rubbish which is attracting cockroaches, ants or mice.

When it is not clear who is responsible

If a tenant believes that the infestation was not caused by their activities or lack of cleanliness, then the tenant may not be held responsible for pest eradication.

For example, if there is a hole in the wall that lets in pests.

Other factors that could determine who is responsible include the history of the property, what is recorded in the condition report, and if there were factors beyond the tenant’s control.

Dealing with disputes

If there is a dispute over who is responsible for pest removal, landlords and tenants can use NSW Fair Trading's dispute resolution service.

See resolving rental disputes for more information.