When Renting Who Is Responsible For Pest Control?

As a renter in Malaysia, you may have encountered the frustrating experience of dealing with pests in your living space.

Whether it's pesky cockroaches, unwelcome rodents, or any other critters, pest infestations can be a real headache. But when it comes to resolving these issues, who is responsible - the landlord or the tenant?

In this blog post, we'll explore the ins and outs of pest control responsibilities in rental properties in Malaysia, so you can better understand your rights and obligations as a tenant.

Who's Responsible for Pest Control in a Rental Property in Malaysia?

1. Understanding the Tenancy Agreement

The first place to look when determining pest control responsibilities is the tenancy agreement.

This legal contract outlines the terms and conditions of the rental arrangement between the landlord and the tenant. Typically, the agreement will specify whether the landlord or the tenant is responsible for maintaining the property, including addressing any pest-related issues.

In Malaysia, it's common for the tenancy agreement to state that the landlord is responsible for ensuring the property is in a habitable condition at the start of the tenancy.

This includes making sure the premises are free from pests and other potential health and safety hazards.

However, the agreement may also stipulate that the tenant is responsible for maintaining the cleanliness and upkeep of the property during the rental period.

2. Landlord's Responsibilities

According to the Residential Tenancies Act 1999 in Malaysia, landlords have a legal obligation to provide and maintain their rental properties in a reasonable state of repair.

This includes addressing any pest infestations that may arise during the tenancy.

If the property becomes infested with pests, such as termites, rodents, or insects, the landlord is generally responsible for arranging and paying for professional pest control services to eliminate the problem.

This is because pests can compromise the structural integrity of the building and pose health risks to the tenants.

Landlords are also required to ensure that the property is equipped with proper pest prevention measures, such as screens on windows and doors, and to maintain these features in good working order.

Failure to do so may result in the landlord being held liable for any pest-related issues that arise.

3. Tenant's Responsibilities

While landlords have a significant role in addressing pest control, tenants also have certain responsibilities when it comes to maintaining a pest-free living environment.

These responsibilities typically include:

Cleanliness and Hygiene: Tenants are expected to keep the rental property clean and well-maintained, which can help prevent the introduction and spread of pests. This includes regularly cleaning, disposing of trash properly, and ensuring that food is stored in airtight containers.
Reporting Infestations: If a tenant notices any signs of pests, they should promptly notify the landlord or the property management company. Early detection and reporting can help prevent the problem from escalating and causing more extensive damage.
Cooperation with Pest Control Efforts: When the landlord arranges for pest control services, tenants are expected to cooperate by providing access to the property and following any instructions or guidelines provided by the pest control professionals.
Avoiding Attracting Pests: Tenants should be mindful of their own actions and avoid doing anything that could attract pests, such as leaving food out, failing to clean up spills, or allowing clutter to accumulate.

It's important to note that if a tenant's negligence or actions directly contribute to a pest infestation, the landlord may hold the tenant responsible for the cost of pest control services.

4. Shared Responsibility in Multi-Unit Properties

In the case of multi-unit properties, such as apartment buildings or condominiums, the responsibility for pest control can become more complex.

In these situations, the landlord and the tenant may share certain responsibilities:

Common Areas: The landlord is typically responsible for addressing pest issues in the common areas of the building, such as lobbies, hallways, and shared outdoor spaces.
Individual Units: The tenant is usually responsible for pest control within their own rental unit. However, if the pest problem originates from a neighboring unit or a common area, the landlord may need to coordinate a building-wide pest control effort.
Communication and Cooperation: In multi-unit properties, effective communication and cooperation between the landlord, property management, and tenants are crucial for resolving pest control issues. Tenants should report any concerns to the landlord or property management, who can then coordinate a comprehensive solution.

Resolving Pest Control Disputes

In the event of a dispute over pest control responsibilities, there are a few steps tenants can take:

Review the Tenancy Agreement: Carefully review the terms of the rental contract to understand the specific obligations of the landlord and the tenant regarding pest control.
Communicate with the Landlord: If a pest issue arises, the tenant should notify the landlord in writing, outlining the problem and requesting prompt action. Keeping a record of all communications can be helpful in case of further disputes.

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Conclusion

Pest control in rental properties in Malaysia is a shared responsibility between landlords and tenants.

Landlords are generally responsible for ensuring the property is pest-free at the start of the tenancy and for addressing any infestations that arise during the rental period.

Tenants, on the other hand, are expected to maintain cleanliness, report pest issues promptly, and cooperate with pest control efforts.

By understanding the respective responsibilities and working together, landlords and tenants can effectively manage pest control challenges and maintain a healthy, comfortable living environment.

Remember, open communication, prompt action, and a collaborative approach are key to resolving any pest-related issues that may arise during the tenancy.

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About the Author

Danny H

Seasoned sales executive and real estate agent specializing in both condominiums and landed properties.