Termites in a Rental: Who's Responsible?
Termites eat the building, and the building belongs to the landlord, so in most cases the landlord is the one who deals with them. The details depend on your state, your lease and whether you rent a house or an apartment. Here's how three big termite states handle it, and what to do if you find termites in a place you rent.
The short version
Usually the landlord. Termites damage the structure, which the landlord owns, and many state laws make landlords responsible for pest control and for repairs that affect health or safety. Florida's law names wood-destroying organisms directly for apartments, though a written lease can shift that duty for a single-family home or duplex. Tell your landlord in writing and keep a copy.
On this page
Why it's usually the landlord's problem
Termites don't come with the tenant. They live in the soil and feed on the building's wood, which the owner controls and the owner's insurance and termite contract, if any, are built around. A tenant can't hire a company to drill a slab or trench a foundation on someone else's property, and usually isn't allowed to.
The law reflects that in two ways:
- Pest control duties. Some states assign extermination to the landlord directly, and a few name termites or wood-destroying organisms.
- Repair duties. Most states require landlords to keep a rental safe and in repair, and termite damage to floors, steps, porches or framing can fall under that.
The tenant's side is narrower: tell the landlord promptly, don't cause the conditions, and cooperate with access and treatment.
Three states, three approaches
Examples only. Landlord-tenant law varies by state and city, and your lease matters. For your situation, check your state's statutes or a local tenant resource.
| State | What the law says | Can a lease change it? |
|---|---|---|
| Florida | Landlords must make reasonable provisions for extermination of pests, including wood-destroying organisms, in units other than single-family homes and duplexes (F.S. 83.51) | Yes for single-family homes and duplexes, in writing |
| Texas | Landlords must make a diligent effort to repair a condition that materially affects an ordinary tenant's health or safety, once the tenant gives notice and is current on rent (Property Code 92.052) | Limited; see the statute |
| California | When a landlord has a periodic pest control contract, each new tenant gets a copy of the company's pest control notice (Civil Code 1940.8); a landlord applying pesticide must give 24 hours' written notice (Civil Code 1940.8.5) | The statutes set notice duties; check the code for waivers |
Texas's duty covers conditions that materially affect health or safety, so cosmetic termite damage may not qualify, while a weakened step or floor may. Conditions the tenant or a guest caused are excluded unless they're normal wear and tear.
Florida: the clearest rule
Florida's landlord-tenant law is the one that mentions termites by category. Section 83.51 requires a landlord to make reasonable provisions for extermination of rats, mice, roaches, ants, wood-destroying organisms and bedbugs in apartments and other units that aren't single-family homes or duplexes. For houses and duplexes, the parties can change the landlord's duties in writing, so read your lease.
The same section covers the move-out for treatment. If extermination requires a tenant to leave temporarily, the landlord must give 7 days' written notice, the tenant can be required to leave for no more than 4 days, and the landlord must reduce the rent for that time, though it isn't liable for other damages. A landlord also isn't responsible for conditions the tenant caused through negligence. Florida's broader termite rules are on the Florida termite guide.
When the building has to be tented
Fumigation is where tenants feel termite treatment most. Everyone has to leave, food and medicine have to be bagged or removed, and the building may be off-limits for a couple of days. In a multi-unit building, every unit under the tarp has to be empty.
What helps:
- Get the notice early. Ask for the date, how long you'll be out and what the fumigant company's preparation list says. The checklist is in how to prepare for termite tenting.
- Ask about rent. Florida requires a rent reduction for the days you're out. In other states, ask the landlord, and look at your lease and state law.
- Ask about lodging. Some landlords cover it; many leases say nothing. Get any agreement in writing.
If you find termites in a place you rent
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Take photos
Photograph the swarmers, wings, mud tubes or damage, with something for scale.
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Tell the landlord in writing
Text or email is fine as long as you keep a copy. In Texas, notice to the place you pay rent starts the landlord's repair duty.
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Don't treat it yourself
A spray can kills the termites you see and none of the colony. It can also complicate the landlord's treatment or warranty.
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Ask what happens next
Ask whether the building has a termite contract, when an inspection is scheduled and whether you'll need to leave.
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Follow up if nothing happens
If a landlord ignores damage that affects safety, contact your local housing code office or a tenant resource for your state.
If you're the landlord
For owners, termites in a rental are a maintenance cost and a liability question. A termite bond with annual inspections catches problems before a tenant does, and repair coverage limits the bill. Keep treatment records, and give tenants any notices your state requires. The cost side is in termite bond and termite damage repair cost. Homeowners insurance usually won't help; see does insurance cover termite damage.
Termites in a rental
Do
- Report termite signs to the landlord in writing
- Read your lease's pest and repair clauses
- Ask about rent and lodging before a fumigation
- Keep copies of every message and notice
Don't
- Treat the termites yourself
- Withhold rent without checking your state's rules first
- Ignore a fumigation preparation list
- Assume the lease is the last word; state law can limit it
Questions people ask
Is the landlord responsible for termites?
Usually. Termites damage the building, which the landlord owns, and many states make landlords responsible for pest control or for repairs that affect health and safety. Florida's law names wood-destroying organisms directly for apartments and other multi-unit rentals.
Can a lease make the tenant pay for termite treatment?
In some cases. Florida, for example, lets the parties change the landlord's pest duties in writing for single-family homes and duplexes. Other states limit what a lease can waive, so check your state's law.
Do I have to leave my apartment for termite fumigation?
Yes, everyone has to leave a tented building. In Florida, the landlord must give 7 days' written notice, can require you to leave for no more than 4 days and must reduce the rent for that time.
Who pays for termite damage to a tenant's belongings?
It depends on the cause and the policies involved. Homeowners policies commonly exclude insect damage, as the Texas Department of Insurance explains, so ask your landlord and your own insurer, and keep records.
Keep reading
Termites in your state
Sources
- Florida Statutes 83.51: Landlord's obligation to maintain premises
- Texas Property Code 92.052: Landlord's duty to repair or remedy
- California Civil Code 1940.8: Pest control notice to tenants
- California SB 328 (2015), Civil Code 1940.8.5: Landlord pesticide application notice
- Texas Department of Insurance: What your home policy won't cover