Yes, New Jersey landlords are generally responsible for pest control when an infestation affects the building, common areas, multiple apartments, or results from a property condition. Tenants may be responsible when they caused the infestation through abnormal or malicious use, or when their conduct created the problem.
For buildings with 3 or more rental units, New Jersey's Department of Community Affairs generally regulates housing conditions through the Bureau of Housing Inspection.
At a Glance
| Situation | Who is usually responsible? |
|---|---|
| Pests in two or more apartments | Landlord |
| Rats, roaches, or other pests in common areas | Landlord |
| Infestation caused by holes, leaks, structural defects, or poor maintenance | Landlord |
| Pest problem that existed when the tenant moved in | Usually landlord |
| Infestation caused by abnormal or malicious tenant conduct | Tenant may be responsible |
| Pest issue in a one- or two-family rental | Depends on the lease, facts, local ordinances, and habitability requirements |
When New Jersey Law Makes the Landlord Responsible
New Jersey's maintenance regulations require owners of hotels and multiple dwellings to keep the premises clean and free from infestation. The regulations specifically require owners to eradicate insects, rats, and other pests when an infestation exists in two or more dwelling units or in common areas. Owners must also block pest entry points and eliminate access to food.
See N.J.A.C. 5:10-6.1 and N.J.A.C. 5:10-10.2.
These requirements generally apply to apartment buildings, larger rental properties, and other buildings covered by New Jersey's Hotel and Multiple Dwelling regulations. A building with three or more rental units is generally subject to the New Jersey Department of Community Affairs' Bureau of Housing Inspection.
Does the Landlord Have to Handle Pests Inside One Apartment?
Usually, the landlord must address an infestation inside one apartment when the cause is connected to the building or the condition threatens the unit's habitability. The tenant may be responsible if the tenant caused the problem through abnormal or malicious use.
New Jersey recognizes an implied warranty of habitability in residential leases. A landlord must keep the rental property fit for residential use and address conditions that threaten the tenant's health, safety, or ability to live in the unit. The New Jersey Department of Community Affairs states that tenants have a right to safe, sanitary, and decent housing.
A landlord will generally be expected to arrange and pay for pest control when:
- The infestation existed before the tenant moved in.
- Pests are entering through holes, cracks, defective windows, plumbing openings, or other building defects.
- The problem affects other apartments or shared areas.
- The landlord failed to maintain the building or correct conditions that attract pests.
- The infestation is severe enough to make the unit unsafe or unsanitary.
The landlord may also need to repair the source of the infestation. Spraying for mice or roaches without sealing entry points, repairing leaks, or correcting sanitation problems in common areas may not resolve the habitability problem.
When May the Tenant Have to Pay?
A tenant may have to pay when the landlord can show that the infestation resulted from the tenant's abnormal or malicious use of the property. The New Jersey Department of Community Affairs explains that tenants are responsible for damage caused by malicious or abnormal use, while landlords must maintain the property in habitable condition.
Examples may include:
- Failing to follow reasonable lease requirements concerning garbage or food storage.
- Creating conditions that attract pests.
- Bringing infested furniture or belongings into the unit.
- Refusing reasonable access for inspection or treatment.
- Damaging doors, screens, walls, or other parts of the property in a way that allows pests to enter.
The landlord generally should have evidence connecting the tenant's conduct to the infestation before charging the tenant for extermination or property damage. A lease may address routine pest control or tenant-caused damage, but a lease clause does not automatically remove the landlord's duty to provide a habitable rental unit.
What About a Single-Family Home or Duplex?
For a single-family home or duplex, responsibility depends on the lease, habitability requirements, local ordinances, and the cause of the infestation.
The New Jersey pest-control regulation requiring eradication in two or more units or common areas is aimed at hotels and multiple dwellings. One- and two-unit buildings are generally handled under local housing, health, and property-maintenance ordinances rather than through the Bureau of Housing Inspection.
The landlord may still be responsible under:
- The lease.
- The implied warranty of habitability.
- Local housing, health, or property-maintenance ordinances.
- Facts showing that the infestation was preexisting, building-related, or tenant-caused.
A landlord cannot necessarily avoid responsibility simply because the property has only one or two rental units.
What Should a Tenant Do About Pests in a New Jersey Rental?
1. Notify the Landlord in Writing
Send an email, text message, or letter describing:
- The type of pest.
- When the problem started.
- Where pests were found.
- Any damage, bites, odors, droppings, or health concerns.
- Whether the problem also exists in common areas or other apartments.
Include dated photographs or videos.
2. Request Extermination and Repairs
Ask the landlord to arrange pest control and correct the source of the problem. For rodents, this may include sealing holes or gaps. For roaches, treatment may need to include adjacent units and shared plumbing or utility areas.
3. Cooperate With Reasonable Access
Allow the landlord or exterminator reasonable access to inspect and treat the unit. Follow preparation instructions, such as removing food, cleaning cabinets, laundering bedding, or temporarily leaving the apartment during treatment.
4. Contact the Appropriate Enforcement Agency
For a building with three or more rental units, a tenant can contact the New Jersey Department of Community Affairs' Bureau of Housing Inspection about housing-code violations. For a one- or two-unit rental, contact the municipal housing, health, or code-enforcement office because local rules may apply.
5. Get Legal Advice Before Withholding Rent
The New Jersey Department of Community Affairs identifies possible habitability remedies such as repair-and-deduct, rent abatement, or rent withholding in appropriate circumstances. These remedies have legal requirements, including proper notice and a sufficiently serious condition.
Do not stop paying rent or deduct a large extermination bill without first getting legal guidance.
Bottom Line
Report the infestation in writing, preserve photographs and other evidence, request both pest treatment and repairs, and allow reasonable access for inspection. If the landlord does not respond, contact the agency that handles housing enforcement for the property.