In Florida, the answer depends on the type of rental. Under Florida Statute 83.51(2)(a), landlords of apartments and other dwellings that are not single-family homes or duplexes must make reasonable provisions for the extermination of rats, mice, roaches, ants, wood-destroying organisms and bed bugs, unless the lease says otherwise in writing. For single-family homes and duplexes, the lease usually decides who is responsible.
This is general information, not legal advice. Always read your lease and talk to an attorney if you are unsure.
What does Florida law say?
Florida's landlord-tenant law lists several duties for landlords of multi-unit rentals. Pest control is one of them. The law names specific pests:
- Rats and mice
- Roaches
- Ants
- Wood-destroying organisms, such as termites
- Bed bugs
The statute also says that if a tenant must leave the unit for extermination, the landlord must give 7 days' written notice, must reduce the rent for that time and cannot require the tenant to be out for more than 4 days.
What about single-family homes and duplexes?
For a rented single-family home or duplex, these duties can be changed in writing. Many leases make the tenant responsible for routine pest control, like ants and roaches, while the owner handles termites and structural problems. Read the pest control section of your lease carefully.
What should tenants do when they see pests?
- Tell your landlord in writing right away. Include dates, rooms and photos.
- Do not use foggers or store sprays for bed bugs or German roaches. They often spread the problem to other rooms and units.
- Help with prep, like clearing under sinks or bagging laundry, so treatment works.
- Keep records of every report and every treatment.
What should landlords and property managers do?
- Treat pest reports quickly. In apartments, one problem unit can spread to its neighbors.
- Inspect units next to any unit with roaches or bed bugs.
- Keep a regular service plan for common areas, trash rooms and exteriors.
- Keep dated service reports. They show you responded responsibly.
- Schedule termite inspections, since termite damage is rarely covered by insurance.
Frequently asked questions
Is my landlord responsible for bed bugs in Florida? In apartments and other multi-unit rentals, the statute lists bed bugs as a landlord duty unless the lease changes it in writing. In single-family homes and duplexes, check your lease.
Can I withhold rent for pests? Florida has a specific legal process for this, including written notice. Talk to an attorney before withholding rent.
Does the landlord have to pay for termites? Wood-destroying organisms are on the statute's list for multi-unit rentals. For houses, most leases leave termites to the owner.
Help for landlords, managers and renters
EcoSmart Pest Solutions works with property managers, HOAs and individual owners across Tampa Bay. See our commercial pest control for multi-unit properties, our guide to spotting bed bugs, or call (813) 602-5619 for a free inspection.
Source: Florida Statutes, Section 83.51, Landlord's obligation to maintain premises.
