Pests and infestations may include:
- mice
- rats
- possums
- fleas
- ants
- termites.
The Residential Tenancies Act 1997 does not say who is responsible for dealing with infestations in a rented home.
If the lease doesn't define responsibility, who pays for exterminating or removing pests may depend on whether:
- the pests were already a problem when the tenant moved in
- a problem with the property has allowed the pests to enter. For example, if a hole in the roof lets in pests, the landlord must deal with this as a non-urgent repair
- the tenant contributed to the problem. For example, if you keep pets, or have not removed rubbish which is attracting mice, ants or cockroaches, the landlord could serve you with a Breach of duty notice and require you to arrange the extermination of the pests.
If a landlord and tenant cannot agree on who should pay for exterminating or removing pests, either of you can apply for a determination from VCAT.