When pests such as cockroaches, rats, or termites appear in rental apartments, responsibility for the cost depends on the situation. Whether the infestation existed before move-in or resulted from poor maintenance after moving in—this guide clarifies the legal responsibilities of both landlords and tenants and the principles of cost allocation.
Reviewed by: Nobuyuki MoriPresident, M-Assets Co., Ltd. / Licensed Real Estate Transaction Specialist (Miyagi #018212)
We explain how to handle pest infestations in rental properties and who bears the cost. A rental property specialist covers everything from where to report, who pays for extermination, to preventive measures.
Most pest problems in rental housing can be prevented through prevention before and immediately after move-in. Learn entry routes and pre-move prevention strategies for cockroaches, dust mites, ants, midges, and centipedes, plus how to choose and use fumigation treatments, bait stations, and pest prevention sprays, and understand cost responsibility rules—explained in detail by experts.
Many areas in apartment buildings leave residents wondering: "Is this my responsibility or the landlord's?" This guide explains the practical rules for management responsibility and repair cost allocation for ambiguous areas like entry doors, windows, balconies, and pipes.
When pests appear in rental apartments, disputes frequently arise over the question: "Should the landlord or tenant bear the cost?" The reason responsibility is unclear is that it depends on whether the infestation was caused by "structural defects or deterioration of the property" or by "the tenant's living habits (unsanitary conditions)."
From a legal perspective, the basic framework is as follows: pest damage resulting from "defects in the property's facilities or structure" is the landlord's responsibility, while damage resulting from "the tenant's improper use or inadequate maintenance" is the tenant's responsibility.
If a property shows signs of pests (droppings, nests, or eggs) during the viewing or before move-in, the landlord should address this as a "defect" in the property. Under Article 601 of the Civil Code, the landlord has a duty to maintain the property in a habitable condition. If a large number of cockroaches suddenly appear shortly after move-in, it is likely they were present before you moved in, and you can assert that the landlord should bear the cost.
When pests enter due to structural problems such as damaged pipes, cavities under the floor or inside walls, or clogged drains, the landlord should bear the cost of repairs and pest control. This is a problem caused by age-related deterioration and is unrelated to the tenant's living habits.
Termites occur in the wooden parts of a building, and the landlord—who bears responsibility for building maintenance—should generally handle eradication and repairs. The tenant's obligation is limited to fulfilling their duty of care by detecting and reporting the problem promptly.
If pests such as cockroaches, fruit flies, or ants appear due to living habits like leaving food scraps around, keeping the room unsanitary, or leaving organic waste unmanaged, the tenant bears the cost as this constitutes a breach of their duty of care.
Neglecting to clean up pet food and creating pest-breeding conditions through large quantities of unwanted items (such as stacks of cardboard boxes) are also issues of the tenant's management responsibility.
In cases such as old properties in areas with high cockroach populations where pests enter through building gaps, both "structural problems" and "inadequate tenant maintenance" may be factors. In such cases, it is practical to negotiate with the property management company to share the costs proportionally.
Step 1: Report to the Property Management Company Upon discovering pests, report the issue to your property management company in writing (by email) as soon as possible. It is important to document evidence with photos or videos. Delaying your report may result in the assumption that the tenant ignored the problem.
Step 2: Request Action from the Property Management Company Ask the property management company to "confirm whether the problem existed before move-in" and to "conduct a structural inspection of the building." If the inspection determines the landlord is responsible, the landlord will cover the cost of professional pest control services.
Step 3: Emergency Measures and Reimbursement Request If the situation is urgent (severe infestation or health impacts), you may arrange professional pest control services yourself and request reimbursement from the landlord. Be sure to save receipts and photos as proof.
Step 4: Consider Rent Reduction or Damages If pest damage significantly impairs your use and enjoyment of the property, you may be able to claim a rent reduction under Article 611 of the Civil Code. If health issues result from the infestation, you may also consider seeking damages.
The most effective prevention is to "assess pest risk" before move-in. ① During viewings, check under the kitchen sink, the bathroom, and under-floor storage; ② Pay special attention to older properties and those near food establishments; ③ Ask the property management company for records of previous pest control treatments before moving in; ④ Have fumigation treatments (such as insecticide foggers) performed before move-in if possible, preferably arranged by the landlord—these checks can significantly reduce post-move-in pest risk.
In rental pest problems, identifying the cause is the key to determining cost responsibility. If the infestation results from building structure or deterioration, the landlord bears the cost; if it results from the tenant's living habits, the tenant bears the cost. Reporting promptly, keeping records, and requesting the property management company to investigate the cause and take action is the best way to prevent disputes over cost allocation.
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