I have run across a subject that I am unfamiliar with. I have only been enforcing the IPMC for less than two years now and have run across an issue with rodent infestation. The resident is wanting me to declare the apartment uninhabitable. I have seen evidence of a rodent(s) and the leasing office has had their pest control company place traps but with no luck. The resident does not want poisons placed due to having a dog present. Looking at the IPMC I do not get any guidance in making a determination. Does anyone have any advise? Thanks in advance!!!

It is my understanding that the landlord is responsible for the outside and common areas of the building.  The inside of the apartment is the tenant's responsibility.

David, Thanks for responding! That is my understanding as well. I feel that the tenant just wants to have me say it is the management's problem so he can break the lease easier. Thanks again, looks like I am on the right track.

My pleasure Keith.  I have found that it is not uncommon for tenants to try and get code enforcement involved in rental disputes.

Keith, 

Section 302.5 Rodent harborage addresses this issue.  See also: 305.1 Interior Structure...tenants responsibility to keep clean and sanitary.  Owner responsible for exterior.  Section 309 Pest Elimination...important part here is owner is only responsible for pest elimination within the structure prior to renting or leasing the structure.  See section 309.4 and 309.5 as well.

This should back you up sufficiently.

David, Thanks for the help!!

On 12/10/2019 at 1:24 PM, Keith C said:

I have run across a subject that I am unfamiliar with. I have only been enforcing the IPMC for less than two years now and have run across an issue with rodent infestation. The resident is wanting me to declare the apartment uninhabitable. I have seen evidence of a rodent(s) and the leasing office has had their pest control company place traps but with no luck. The resident does not want poisons placed due to having a dog present. Looking at the IPMC I do not get any guidance in making a determination. Does anyone have any advise? Thanks in advance!!!

I have a small wooded area past my back yard.  I have two German Shepard's, who bark at a moving leaf.  I use to feed them out side, until I noticed rat droppings.  Now I feed them inside.  I bought a very SMALL, hard plastic dog house and covered the entrance with chicken wire with SMALL holes.  I left a one inch gap at bottom, so rats could get in, but not other critters, rabbits, raccoons etc.  Every quarter, I add three bags of that blue rat poison, through the gap.  I set the dog house where I can get to get easy, but clearly back in the woods.  The dog house keeps produce dry.  I hear tell, that once they eat the poison, and then drink water, there stomach explores.  Seems to be working.

Food near where we live, only invites to rat to roam even more close to us.

 

Good Day,

Rodent infestation is not an easy case to make. The problem is determining infestation or is it typical mice visitor or is caused from poor sanitary practices of the tenant or lack of property upkeep of the owner. 

According to IPMC there should be pest control measures provided prior to tenant occupancy, and if the Lease Agreement specifies whose responsible for pest control after tenant occupancy.  See IPMC 309.2, 309.4, and see 309.5.

The definition for Infestation IPMC 202 is how you would confirm infestation and is needed to apply sections 302.5 and 309.1. 

To validate condemnation using 108.1.3 Structure being unfit for human occupancy an inspection must clearly confirm infestation is active and that preventative measures are not being taken by the owner where the owner is required to provide pest control measures (proper screening etc). In this instance where it is an apartment the owner would be required to provide pest control for the entire property and occupants will need to be sure and participate in preventing infestation by practicing proper sanitary practices that would not create an inviting environment for such rodent population. 

I recommend using the IPMC code and commentary version, that helps explain the basic coverage of issues we are most likely to deal with. 

I hope this in some way helps.

M. Angel Gray