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Vermin in the apartment: who pays the exterminator?
Bugs in the bed, moths in the dresser or mice in the pantry - vermin in the apartment is a horror for tenants and homeowners. Often the last resort is called: exterminator. But who pays for this, tenant or landlord?
Exterminator: When the landlord pays
First things first: If you have pests in your apartment, you as the tenant must inform your landlord as soon as possible. According to the "Berliner Mieterverein", you can otherwise even make yourself liable for damages. The landlord pays the costs for the exterminator. The only requirement: You are not to blame for the occurrence of ants, moths, mice and co .. If the landlord accuses you of culpable behavior, he needs proof.
When does the tenant have to pay?
If the cause lies with the tenant, he must have the pest control carried out. The deadline for this is usually two weeks.
But be careful: According to Paragraph 27 of the II. Calculation Ordinance, the costs of smaller, recurring measures against vermin - such as the regular laying of rat baits - can be passed on to the tenants in the rental agreement. However, these can only be preventive measures. If there are already vermin, the landlord remains the cost bearer.
Rent reduction: In the event of vermin in the apartment
As a tenant, you can request a rent reduction. This is the case if you have to move out temporarily due to complex extermination measures. If poison is used, you have the right to alternative accommodation.
The amount of a rent reduction due to vermin in the apartment depends on the individual case. If the infestation is particularly severe or dangerous to health, you can obtain notice of termination without notice as a tenant, according to the Berlin tenants' association.
Reimbursement of costs when fighting by hand?
If a tenant decides to tackle the pests himself, he can claim the costs. The prerequisite for this, however, is that the landlord is in default of remedying the defects.
In general, unauthorized pest control is not recommended. Some substances or agents can be dangerous for laypeople. In the worst case scenario, you will make the entire apartment uninhabitable. The tenant is responsible for such damage and has to bear the corresponding costs.
Incorrect pest control: compensation for pain and suffering for tenants
If the landlord carries out the wrong pest control, this can have far-reaching consequences. For example, if the landlord instructs a caretaker to combat it, he may have to pay the tenants compensation, according to the tenancy law dictionary.
Aggressive products that are used too frequently or in too large quantities can result in difficulty breathing and nausea for tenants. The landlord then has to pay the damage and the medical expenses.
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