Termites are one of the most damaging pests a property can face. These silent destroyers chew through wood, flooring, and even wallpaper, often causing thousands of dollars in structural damage before anyone realizes they're there. But when termites appear in a rental property, the question becomes: Who is responsible—landlord or tenant?

This is a common and sometimes confusing issue in rental agreements. In this article, we’ll explain who typically bears the responsibility for termite control, how to handle an infestation, and what steps both landlords and tenants can take to protect the property and avoid disputes.

Understanding Termite Infestations in Rental Properties

Termites differ from more visible pests like cockroaches or rodents. They often remain hidden for months or even years, causing damage from the inside out. When they’re finally detected, the damage may already be extensive.

Because of this, the question of who’s responsible for treatment can quickly become contentious—especially if the infestation was unnoticed for a long time. Landlords want to protect their investment, while tenants want a safe, livable home. That’s why it’s essential to understand the legal and practical responsibilities involved.

Landlord vs. Tenant: Who Is Legally Responsible?

1. Landlord’s Responsibility

In most cases, landlords are responsible for termite prevention and treatment. Why? Because structural integrity and habitability are part of the landlord’s legal obligations.

Here’s what landlords are generally expected to do:

• Provide a pest-free property at the start of a tenancy

• Handle major pest infestations, especially those related to structural or environmental issues (like termites)

• Schedule annual inspections or preventative treatments, particularly in high-risk areas

• Address moisture or structural issues (e.g., leaks, cracks) that could attract termites

Landlords are legally obligated in most regions to maintain the property in a habitable condition. A termite infestation that threatens the safety or integrity of the property usually falls under this requirement.

✅ In Australia, most state tenancy laws hold landlords responsible for termite infestations unless the tenant’s negligence caused the problem.

✅ In the UK, landlords are required to address infestations that make the property uninhabitable or unsafe.

✅ In many U.S. states, landlords must deal with termite infestations unless the lease states otherwise or the tenant caused the issue.

2. Tenant’s Responsibility

Tenants may have some responsibility, particularly if their actions contribute to the infestation.

Tenants may be responsible if they:

• Store firewood against the home

• Use untreated mulch close to the foundation

• Fail to report leaks or moisture problems

• Ignore signs of termite activity

Tenants are typically required to report pest problems promptly and maintain the cleanliness of the home to avoid attracting pests. If the tenant’s neglect contributed to the termite issue, they might be held liable for part—or all—of the treatment cost.

What Does the Lease Say?

Every rental situation is different, and some tenancy agreements outline pest responsibilities in more detail. It’s important for both landlords and tenants to read the lease carefully.

Look for:

• Clauses about pest control responsibilities

• Instructions for reporting damage or infestations

• Who pays for routine pest inspections or treatments

Some leases specify that landlords cover annual termite inspections, while tenants are responsible for general cleanliness and notifying the landlord of any concerns.

If your lease is silent on the issue, local tenancy laws will usually determine the default responsibility.

Signs of a Termite Problem in a Rental Property

Whether you’re a landlord or a tenant, recognizing termite signs early can prevent major problems:

• Mud tubes on walls, near the foundation, or under sinks

• Hollow-sounding wood or sagging floors

• Discarded termite wings near windows or doors

• Frass (termite droppings) that resemble sawdust or pepper

• Bubbling paint or wallpaper (may look like water damage)

If any of these signs are present, it’s important to act quickly. The longer termites go unchecked, the more extensive and expensive the damage becomes.

Steps to Take If Termites Are Found

For Tenants:

1. Notify your landlord immediately in writing (email or text is acceptable).

2. Document the damage with photos and notes.

3. Avoid disturbing the area so the pest control company can assess the extent of the problem.

4. Check your lease to understand your obligations.

For Landlords:

1. Arrange a professional inspection as soon as possible.

2. Share inspection results with the tenant and keep communication open.

3. Pay for treatment, unless it’s clearly proven that the tenant’s negligence caused the issue.

4. Address contributing factors, such as leaking pipes, foundation cracks, or poor drainage.

5. Provide alternate living arrangements if the home becomes uninhabitable during fumigation or repairs (in some jurisdictions).

Preventing Future Termite Problems

Prevention is the best way to avoid disputes and damage. Here’s how landlords and tenants can work together to keep termite problems at bay.

Landlord Tips:

• Schedule annual termite inspections.

• Install physical or chemical barriers in termite-prone areas.

• Fix leaks, cracks, and drainage issues.

• Use termite-resistant materials when building or renovating.

Tenant Tips:

• Keep wood, mulch, and firewood away from the building.

• Report leaks, water damage, or signs of pests immediately.

• Avoid excessive watering near the foundation.

• Don’t ignore warning signs like soft wood or strange noises in walls.

Good communication between landlords and tenants goes a long way in maintaining a pest-free home.

Can Tenants Withhold Rent Due to Termites?

In some regions, yes—but it’s a complicated process.

If a landlord fails to address a significant termite infestation after being notified, a tenant may have the legal right to:

• Withhold rent

• Pay for treatment and deduct from rent

• Break the lease early without penalty

However, these rights depend on local laws and should only be exercised after proper legal consultation. Tenants should always document their communication and give the landlord reasonable time to fix the issue before taking action.

Final Thoughts: Know Your Rights and Responsibilities

Termites are a serious issue that can compromise both the safety of a home and the relationship between landlord and tenant. The general rule is simple: Landlords are responsible for maintaining the property in a habitable condition, including termite control, while tenants must report problems and avoid actions that attract pests.

To avoid costly repairs and legal disputes, both parties should:

• Understand local tenancy laws

• Communicate openly and promptly

• Conduct regular inspections and maintenance

Whether you’re renting out a property or living in one, knowing how to handle a termite issue—and how to prevent it—is essential.