Who is Responsible for Pest Control in a Commercial Rental Property in Florida?

When is Pest Control the Landlord’s Responsibility in a Commercial Rental Property?

According to Florida Statute 83.51 (Chapter 83 Title VI), the landlord is responsible for pest control in a multi-unit residential building, such as an apartment complex. This also applies to single-family homes or a duplex unless otherwise stated in the rental agreement. However, that Florida state law only applies to 1-2 unit residential buildings.

When it comes to commercial rental properties in Florida, pest control becomes the landlord’s responsibility if there’s a clear clause in the lease agreement that states the landlord is responsible. This applies to both preventative pest control services and pest infestations.

What’s considered a commercial property in Florida?

Florida state law considers a multi-family apartment complex a commercial property. Other examples of a commercial property include multi-unit office buildings, medical centers, hotels, motels, malls, strip malls, stand-alone retail buildings, warehouses, and parking garages.

Reasons for a landlord to be responsible for pest control

Pest prevention is in the interest of any commercial property owner to prevent costly structural damage, infestation of other pests and potential health hazard issues. Not to mention, excess moisture that can seep in through the cracks created by pest infestations. Especially considering the prevalent humidity in Florida throughout the entire year.

Let’s say a tenant doesn’t maintain the property, leaves food out which attract pests and rodents. They will probably start to receive negative reviews, which will affect their future business. Reviews mentioning bugs, ants, bed bugs or any pest problems, will result in less income. Health code violations will also result in less income. This will affect the landlord’s ability to collect rent.

Increased appraisal values when refinancing

When the landlord chooses to be held responsible for pest management, they typically care more about their own property, do more research and don’t go with a random pest control company. This encourages a pest free environment and increases appraisal values when the time comes to refinance a rental property.

When is Pest Control the Tenant’s Responsibility in a Commercial Rental Property?

If the lease agreement specifies that it is the tenant’s responsibility to pay for a pest control specialist, then they assume pest control responsibility. Lease agreements can require a tenant to be responsible for pest control services before pest infestations occur, after or both.

If the Tenant Causes the Infestation

Let’s say the rental contract states that the landlord is responsible. However, after a thorough inspection it is found that the tenants caused the pest infestation. If the landlord can prove that the tenant’s actions encouraged a pest problem rather than natural circumstances, the tenant will assume responsibility.

Examples of Tenants Causing Pest Infestations

• poor hygiene standards
• leaving food uncovered
• creating unsanitary environments
• littering the floor with trash

If the landlord can prove that the tenants were directly responsible, the tenant will have to contact and pay for commercial pest control services. They will have to clean the commercial rental property, vacate it for up to 4 days and take care of the pest control issue within a timely manner. Not complying within a timely manner, can result in the tenant getting evicted.

Some commercial properties are prone to infestations, such as properties near forests, wildlife, trees, bushes or just a long history of pest problems. It can be difficult to prove who caused the pest control problems. Just remember, this is Florida. Where there is food left uncovered or crumbs, there are cockroaches.

Tenant Health Hazard Standards

Unlike residential property, it is up to the tenant to follow the Health and Safety at Work Act. Regardless of who is responsible for pest control, the tenant must follow proper health hazard standards to avoid any local health code violations. This not only applies to restaurants, hotels and medical centers, it applies to all commercial rental properties.

Your business (tenant) can be shut down by the local health department inspectors, it can be fined, it can damage your brand reputation and receive negative reviews. Pest infestation occur without warning, so it’s best to prevent them before they start.

Florida Laws on Pest Infestation

Pest infestation is outlined in section 2(a) of Chapter 81 Title VI (83.51) in the 2022 Florida Statutes (including 2023 Special Session B).

Landlord’s obligation to maintain premises.

“(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

1.  The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.”

This legal text can be found on the official Florida Legislature website and The Florida Senate website that lists all the Florida state laws.

10 Tips to Prevent a Pest Infestation

1. Clean the working environment: Regularly clean all areas of the commercial property, including floors, countertops, and storage spaces.
2. Proper waste management: Put garbage promptly in sealed containers and close garbage bins to prevent attracting pests.
3. Seal entry points: Seal any wall cracks, openings in walls, windows, and doors to prevent pests from entering the property.
4. Eliminate standing water: Repair any leaks or plumbing issues to remove water sources that pests need to survive.
5. Store food properly: Keep all food items in sealed containers and avoid leaving anything exposed overnight. Crumbs are meals for pests.
6. Inspection: Conduct a regular inspection of the property to identify and address any signs of pest activity and potential entry points.
7. Maintain landscaping: Trim vegetation and keep outdoor areas free of debris.
8. Install screens: Put screens on windows and doors to prevent flies and other insects from entering. This also prevents spider infestations.
9. Educate staff: Train employees about proper hygiene practices, such as keeping work areas clean.
10. Commercial pest control: Hire a licensed pest control professional who can provide seasonal pest control treatments.

Common Pests Found in a Commercial Rental Property

Here are the most common pests found in a commercial rental property in Florida.

Cockroaches

Cockroaches love Florida. That’s a fact. Commonly found in restaurants and other commercial properties where food is present. They are difficult to get rid of, usually come out at night and can live for 30 days without food. They also carry diseases.

Commercial pest control can spray for them, but cockroach prevention is key. Combat brand roach killing baits work well, but ultimately you need a seasonal pest control specialist to come out. It’s important to maintain a clean working environment and always close the garbage bins. Fix any broken seals, cracks in the walls, torn screens, etc.

Rodents

Rats and mice will come in through any cracks in the walls, torn screens or any open doors. Rodents love chewing on electrical wires, eating insulation and living in the walls of a commercial building. Mice feces can spread diseases, causes food poisoning and can cause hantavirus. Mouse droppings can also cause a bad odor in your commercial rental property.

While mouse traps work well, pest prevention is key. Close your garbage bins, fix any cracks in the walls, set out mouse traps, hire a professional pest control company and don’t leave food out unattended.

Flies

Flies love unattended food, open garbage bins, dirty bathrooms or any areas with an odor. A flies infestation can/will turn away customers, result in negative reviews, cause food poisoning and will attract other pests, such as spiders. Fix torn screens, close your doors, fix any cracks in the walls and keep a clean environment.

Spiders

If you have flies, bugs or a flea infestation, you will get spiders. Spiders only multiply if there is food for them to consume, such as bugs. If there are flies, there are spiders. Other than being a nuisance, many customers and employees have a fear of them. Fix the pest problem and the spiders will disappear.

Termites

Termites can be a big problem for commercial buildings. They eat wood and can slowly damage the structure without being noticed. They target things like beams, floors, and walls. This weakens the building and can cause safety issues.

Signs of termite damage include hollow-sounding wood, buckling floors, sagging ceilings, and mud tubes on walls. If left untreated, termites can lead to expensive repairs and disrupt business operations.

Bed Bugs

Bed bugs are hard to get rid of in commercial buildings such as hotels. A bed bug pest infestation can occur without warning and requires urgent attention from a commercial pest control company. They can disrupt business, cost a lot of money, and make people think badly of the place.

They like to feed on people’s blood and can spread quickly. They hide in furniture, beds, and fabrics. When they bite, it can make people itch and feel uncomfortable. If not taken care of, they can multiply and infest the whole commercial building.

Steps to Take if Tenant Reports a Pest Infestation

1. Respond in a timely manner: Take the tenant’s report seriously and check your rental property immediately to assess and identify the extent of the pest infestation.
2. Check your lease agreement: Review who is responsible for pest control in the rental contract.
3. Contact a licensed pest control professional: Whoever is responsible should contact a licensed pest control professional experienced in commercial properties. They can inspect the premises, determine the severity of the infestation and recommend a treatment plan.
4. Notify neighboring businesses: To prevent a further or reoccurring pest control issue from spreading, inform any connecting units. Preventative pest control is very effective.
5. Coordinate: Communicate with the tenant regarding treatment schedules, tenant responsibilities and maintaining cleanliness to minimize pest attraction.
6. Follow-up: Regularly follow-up with the tenant and the pest control professional to make sure the treatment is going well.

Lease Agreement Recommendations for Pest Control

A lease agreement or a rental contract should contain a clause that outlines who is responsible for pest control in the commercial rental property in question. These are examples of clauses that can be found in a commercial rental agreement. Please consult with a legal professional, such as a lawyer or attorney to make sure your clause follows all the with city, county and Florida laws for commercial properties.

Example of Pest Control Tenant’s Responsibility in Lease Agreements

1. The Tenant acknowledges and agrees that they are responsible for the prevention and management of any pest infestation within the leased commercial property during the term of this agreement.
2. The Tenant shall promptly take all necessary actions to prevent, control, and eliminate any pest infestation that may occur within their leased premises, including but not limited to cockroaches, rodents, flies, or other pests.
3. The Tenant shall engage the services of a licensed and reputable pest control company, at their own expense, to conduct regular inspections, treatments, and necessary pest control measures to maintain a pest-free environment.
4. In the event of a pest infestation, the Tenant shall immediately notify the Landlord in writing and take immediate steps, including cooperating with the pest control professionals recommended by the Landlord, to promptly address and eliminate the infestation.
5. The Tenant shall bear all costs associated with pest control services, including inspections, treatments, and repairs necessitated by the infestation, except in cases where the infestation is caused solely by structural deficiencies for which the Landlord is responsible under applicable laws and regulations.
6. Failure by the Tenant to fulfill their obligations regarding pest control and infestation management may result in the Landlord undertaking necessary pest control measures at the Tenant’s expense, which shall be payable as additional rent upon receipt of an invoice.
7. The Tenant hereby releases the Landlord from any liability for any damages, losses, or expenses incurred due to pest infestations within the leased premises, except in cases of the Landlord’s negligence or failure to fulfill their obligations under applicable laws and regulations.”

Example of Pest Control Landlord’s Responsibility in Lease Agreements

1. The Landlord acknowledges and agrees to be responsible for providing and maintaining a pest-free environment within the leased commercial property during the term of this agreement.
2. The Landlord shall engage the services of a licensed and reputable pest control company, at their own expense, to conduct regular inspections and implement necessary pest control measures to prevent and address any pest infestation within the premises.
3. In the event of a pest infestation, the Landlord shall promptly take all necessary actions, including coordinating inspections, treatments, and repairs, to eliminate the infestation and restore the premises to a pest-free condition.
4. The Landlord shall bear all costs associated with pest control services, including inspections, treatments, and repairs necessitated by the infestation, unless the infestation is directly caused by the Tenant’s actions or negligence.
5. The Tenant shall promptly notify the Landlord in writing of any suspected or observed pest infestation within the premises.
6. The Landlord shall not be liable for any damages, losses, or expenses incurred by the Tenant or any third parties due to pest infestations, except in cases of the Landlord’s negligence or failure to fulfill their obligations under applicable laws and regulations.
7. The Tenant agrees to cooperate with the Landlord and pest control professionals by allowing reasonable access to the premises for inspections, treatments, and repairs related to pest control.
8. This clause shall survive the termination or expiration of the lease agreement and shall remain in full force and effect until the premises are restored to a pest-free condition.”