Who pays for pest control in a rental property in the ACT?
The responsibility for pest control in an ACT rental property depends on the cause. Landlords pay if pests were present before you moved in or resulted from structural issues. You pay if your actions, like poor hygiene or keeping pets, caused the infestation.
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How it works in practice
Landlord Responsibilities
Landlords must ensure the rental property is clean and fit to live in at the start of your lease. If a pest infestation, such as ants, spiders, or mice, is discovered within the first few weeks of moving in, the landlord is generally responsible for paying for professional pest control. They are also financially responsible if structural defects, like broken fly screens, leaking pipes, or gaps in the walls, allow pests to easily enter the home.
Tenant Responsibilities
As a tenant, you are legally obligated to keep the property reasonably clean during your lease. If a pest problem develops later in your tenancy due to poor hygiene, such as leaving food unsealed, failing to clean up spills, or improperly managing household rubbish, you will likely have to pay for the extermination services yourself.
Pet-Related Pest Control
If your landlord permits you to keep a pet, such as a dog or a cat, your tenancy agreement may include a specific clause requiring you to perform professional flea or tick treatment at the end of your lease. In this specific scenario, the financial responsibility rests entirely on you to ensure the property is pest-free upon moving out.
Important exceptions
If a pest problem is caused by a neighboring property, such as an adjacent unit in an apartment complex or a neighboring house, neither the tenant nor the landlord may be directly at fault. In these cases, the body corporate or the neighbor may be responsible for the eradication costs.
Additionally, if the property is located in an area known for specific seasonal pests, such as certain types of spiders or seasonal ants, the landlord may be expected to implement preventative measures, but tenants must still maintain basic cleanliness to avoid exacerbating the issue.
What you should do now
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Document the pest issue immediately by taking clear, date-stamped photos of the pests and any associated property damage.
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Check your initial condition report to see if any signs of pests or structural vulnerabilities were noted when you first moved in.
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Notify your landlord or property manager in writing, detailing the pest problem and clearly requesting they arrange professional pest control.
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Maintain strict hygiene standards by securely storing all food, taking out the rubbish regularly, and keeping the premises clean.
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Contact the Tenants' Union ACT or the ACT Civil and Administrative Tribunal (ACAT) for formal legal advice if your landlord refuses to address a pest infestation that is clearly not your fault.
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