As soon as a pest controller has to move out, the question arises for many: Who bares the costs – tenant or landlord?
To help you with this critical question, we have put together the most important information for you:
A fundamental distinction must be made as to whether the costs for pest control are regular, recurring expenses or not.
Ongoing costs for exterminators, which arise, for example, as part of pest prevention measures, are apportionable, i.e. they can be passed on to the tenants by the landlord via the operating costs (Section 27 of the II. Calculation Ordinance).
If, on the other hand, it involves one-off, acute control measures such as an infestation with mice, rats, cockroaches or the removal of a wasp’s nest, the landlord must generally bear the costs for exterminators as part of maintenance / remedial measures, provided that
- the affected tenant did not cause or promote the infestation with pests himself
- the affected tenant immediately reported the vermin infestation to his landlord
Proof that the tenant has caused a pest infestation must be provided by the landlord in the event of a conflict, which has proven difficult in practice. If the cause of a pest infestation cannot be unequivocally clarified, the landlord must bear pest control costs. However, suppose the landlord can prove that the pest infestation does not result from his or her responsibilities and duties. In that case, the tenant must provide evidence of exoneration – as is the case with any other housing shortage.
A tenant only violates the obligation to notify if he is aware of damage/pest infestation within the rental property or negligently ignores it and fails to report it to the landlord. In any case, the tenant is obliged to notify the landlord of the infestation; simultaneously, he must be allowed to have pest control carried out by setting a reasonable period (usually two weeks).
More information at: aaatermiteandpestcontrol.com