Extermination clause in lease agreement lawful

By Lara

Due to our lease agreement we as tenant must contract and pay for all utilities and service, including but not limited to gas, electric, oil telephone, cable television, lawn mowing, gardening exterminating and snow removel.

A few days ago we he had hundred of swarmers. We informed our landlord and he responded it is our problem due to the lease agreement. I called an Exterminator he told me we have termites and its going on for a while and maybe the termites have been in the house before we moved in. The cost of a long term treatment a estimated 2,400.00 Dollar. The basement is unfinished and in not good condition. Do we have to pay for the treatment?

Can someone please help me?

Edited on: Wednesday, June 1st, 2011 11:58 pm

5 Responses to “Extermination clause in lease agreement lawful”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)

Dr Landlord

April 22nd, 2009 7:25 pm

Hmm. That’s a tough one. I’ve never heard of a landlord actually requiring their tenant to pay for extermination of termites. I’m surprised that the landlord isn’t concerned about protecting his property. Termites will cause a lot of damage.
I suggest you mediate a resolution by filing a complaint with the RPA. I’m not sure of the actual process, but I do know you click on the link at the top of this page: http://www.rentalprotectionagency.com/complaint_center.php


April 23rd, 2009 8:31 am

Thank you very much for your advise. The thing is our landlord is an attorney and it is our first rental in the US. I found something about this issue in a diffrent forum. They say unless our rental agreement specifically says termit controll..which is different from general pest control the landlord bears the burden.
There is no state law concerning this matter. But is there any proof that this is correct?


April 23rd, 2009 5:05 pm

Two words: MOVE OUT! I’ve heard of landlords doing crap like this, but come on. Your landlord doesn’t take any responsibiliy, so neither should you. In the mean time– get yourself a buttload of blackflag bug spray.


April 27th, 2009 5:05 pm

Thanks for the advise, but what is with our deposit?


June 2nd, 2011 7:58 am

We have that clause in our lease, too. It is just if you cause it. You did not cause termites. That is the landlords responsibility. We just had an infestation of ants and he paid for it because they were spotted just before we moved in, they were from the last tenants, and they were dirty and their kids dropped food all over the place.
If you had food and caused all the ants, mice, etc. to come, then you are responsible. You are not responsible for termites. Tell the landlord in writing about the problem. If he doesn’t fix it in a certain amount of time,(check on it, not sure how much time allowed to fix the problem) have it done and send him the bill. File a complaint against him. He sounds as bad as mine!


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