Pest Control

An Unwelcome Grey Area

An infestation of pests (ongedierte), such as mice, rats, ants, or cockroaches, is a serious issue that can affect a tenant's enjoyment and health. Determining who is responsible for arranging and paying for professional pest control is a notorious grey area in Dutch rental law and a common source of disputes. The responsibility does not depend on the type of pest, but rather on the cause and location of the problem.

When is the Landlord Responsible?

The landlord is generally responsible for pest control if the infestation is the result of a structural defect or an issue with the building as a whole. Examples include:

• Rats or mice entering through holes in the foundation or walls.
• An infestation that affects multiple apartments in the same building, indicating a common source.
• Woodworm in the structural beams of the property.

In these cases, the problem is beyond the individual tenant's control, and the landlord must bear the cost of sealing the entry points and hiring a professional exterminator.

When is the Tenant Responsible?

The tenant is generally held responsible if the pest problem is confined to their own apartment and is likely caused by their own actions or lack of hygiene. This could include an ant problem resulting from food being left out, or mice being attracted to improper waste storage. In this scenario, the cost of hiring a pest control service falls to the tenant. Because the cause is often debatable, these disputes frequently end up at the Huurcommissie or court.