Not long after moving into a rental property, cockroaches start running around at night. Strange noises come from the ceiling, raising suspicions that rats may be hiding somewhere. Then a small pile of wood dust appears beside a cabinet, suggesting that termites may have moved in as well.
This raises a common question for tenants: Should the tenant hire a pest control company, or is the landlord responsible? If the infestation cannot be properly resolved, can the tenant ask for a rent reduction or even terminate the lease?
The presence of pests does not automatically give a tenant the right to immediately terminate a lease. The key questions are what caused the infestation, how serious it is, and whether it has affected the normal use of the property or the health and safety of its occupants.
What Does the Law Say?
Civil Code Article 423:
“The lessor shall deliver to the lessee a leased thing which is in a condition fit for the agreed use and collection of profits, and shall keep it in such a condition for the duration of the lease.”
✨ Plain Explanation: A landlord's responsibility does not end once the keys are handed over. During the lease, the landlord generally has a duty to keep the property fit for normal residential use and consistent with the purpose for which it was rented.
For example, if rats are entering through damaged pipes or holes in the walls, or if a termite infestation is related to the building structure, leaks, or persistent moisture, the problem may involve conditions that the landlord is responsible for addressing rather than simply being a housekeeping issue.
⚖️ Legal Source: Civil Code Article 423 – Law.moj.gov.tw
Civil Code Article 424:
“In the case of a lease of a house or other place intended for habitation, if a defect exists which endangers the safety or health of the lessee or of persons living with the lessee, the lessee may terminate the contract even if the lessee knew of the defect at the time the contract was entered into or had waived the right to terminate the contract.”
✨ Plain Explanation: This is one of the most important provisions when deciding whether a tenant can terminate a lease because of a pest problem.
If the infestation is no longer just an occasional cockroach but has become serious enough to endanger the health or safety of the tenant or other occupants, termination may become possible. Examples could include a severe rat infestation involving large amounts of droppings and disease risks, or extensive termite damage affecting the structural safety of the property.
However, whether the problem has actually reached the level of “endangering health or safety” depends on the circumstances and available evidence. Simply seeing a cockroach, rat, or termite does not automatically give a tenant the right to immediately terminate the lease without conditions.
⚖️ Legal Source: Civil Code Article 424 – Law.moj.gov.tw
Civil Code Article 441:
“If, due to a circumstance attributable to the lessee, the lessee is unable to use or collect profits from the whole or any part of the leased thing, the lessee shall not be released from the obligation to pay the rent.”
✨ Plain Explanation: Whether rent can be reduced or waived also depends on why the property cannot be fully used.
If the pest problem was caused by the tenant's own living habits—for example, garbage was allowed to accumulate for a long period, food was repeatedly left exposed, or the property was kept in seriously unsanitary condition—the tenant generally cannot simply argue that the property has become unpleasant to live in and therefore demand a rent reduction.
On the other hand, if the infestation comes from the property itself, the next questions are whether the landlord has a duty to repair or address the problem and how much the infestation has actually affected the tenant's use of the property.
⚖️ Legal Source: Civil Code Article 441 – Law.moj.gov.tw
Civil Code Article 227:
“1. Where, due to a circumstance attributable to the debtor, the performance is incomplete, the creditor may exercise the creditor's rights in accordance with the provisions concerning delay in performance or impossibility of performance.
2. Where damage other than that referred to in the preceding paragraph arises from the incomplete performance, the creditor may also claim compensation for such damage.”
✨ Plain Explanation: If the landlord is legally or contractually responsible for dealing with a problem in the property but fails to properly address it, and the tenant suffers additional losses as a result, there may also be a potential claim for damages in some circumstances.
However, compensation is not automatic just because pests appear in a rental property. It still depends on factors such as whether the landlord was legally responsible for the problem, whether actual damage occurred, and whether there is a causal connection between the two.
⚖️ Legal Source: Civil Code Article 227 – Law.moj.gov.tw
If There Are Cockroaches, Rats, or Termites, Is the Landlord Responsible?
Not necessarily.
When determining responsibility for a pest infestation, the most important question is not simply what kind of pest has appeared. The real issue is what caused the infestation.
For example, rats may be entering through deteriorated drainage pipes or holes in the walls. Termites may originate from wooden structural components, persistent leaks, or moisture problems. Cockroaches may continue entering through common building pipes even when the rental property itself is kept reasonably clean. These situations are more likely to involve the condition of the property or building itself.
On the other hand, if garbage has been allowed to pile up, food waste is regularly left uncleaned, or food is left exposed throughout the property, resulting in a cockroach or rat infestation, responsibility may instead fall on the tenant.
So when pests appear, the first question should not immediately be, “Can the lease be terminated?” The better question is: Where are they coming from?
Can a Tenant Ask the Landlord to Hire a Pest Control Company?
If the infestation is related to the building structure, equipment, pipes, or another part of the property that the landlord is responsible for maintaining, the tenant can first notify the landlord and request that the problem be addressed within a reasonable period.
It is better not to rely solely on a phone call. LINE messages, text messages, or other written communications that can be preserved as evidence are generally more useful. Tenants should also consider keeping:
- Photos and videos showing the infestation
- Records of rat droppings, bite marks, termite debris, or other damage
- Messages and notices sent to the landlord
- Inspection reports, quotations, invoices, or treatment records from pest control companies
If a dispute later arises over who was responsible, this evidence is usually much more useful than simply saying, “There were a lot of bugs in the apartment.”
Can a Tenant Ask for a Rent Reduction?
That depends on how seriously the infestation affects the tenant's ability to use the property.
Seeing one or two cockroaches from time to time will generally make it difficult to justify simply demanding a 20% reduction in rent. But the situation may be different if the infestation is serious enough that part of the property can no longer be normally used.
For example, a room may temporarily become unusable because extensive termite treatment is required, or large-scale pest control work may substantially interfere with normal residential use. In those circumstances, there may be more room to discuss an appropriate rent reduction.
In practice, the safer approach is to first determine responsibility, notify the landlord, and then discuss rent based on the actual area affected and the period during which normal use was impaired.
If responsibility and the appropriate amount remain disputed, tenants should avoid simply deciding, “I'll pay only half the rent this month.” Otherwise, a pest-control dispute may quickly turn into a separate dispute over unpaid rent.
If the Infestation Is Serious, Can the Tenant Terminate the Lease?
If the problem is limited to the occasional cockroach commonly found in residential environments, that alone will generally not be enough to support termination under Article 424 of the Civil Code.
But the situation can be very different when rats have been appearing in large numbers over a long period, droppings are found throughout the property, and pest control professionals identify a significant disease risk. The same applies where termites have extensively damaged wooden components and the problem may affect the structural safety of the property.
At that point, the infestation may rise to the level of endangering the health or safety of the occupants.
In addition to preserving photos and videos, tenants should try to obtain inspection records or reports from pest control companies, repair professionals, or other qualified professionals. If the condition reaches the legal threshold, the tenant will have a much stronger basis for terminating the lease.
What Should a Tenant Do When There Is a Pest Infestation?
The first step is to take photos and videos and preserve evidence. Record where the pests appear, how frequently they appear, and any droppings, bite marks, termite debris, or property damage.
Next, notify the landlord in writing and explain the problem. If the infestation may be related to walls, pipes, leaks, moisture, or termites, a professional inspection can also help determine where the problem originated.
If the landlord fails to address the issue, the next step is to consider the severity of the infestation, who is responsible, and how much the problem has affected the use of the property before discussing repair costs, a rent reduction, or termination of the lease.
If the parties cannot agree on who caused the infestation or how serious it is, a rental dispute mediation procedure may be a better option than simply moving out or stopping rent payments.
🐛 Related Reading: Can Tenants Terminate a Lease Early in Taiwan? What Situations Count as Legal Termination?
🐀 Related Reading: Can a Landlord Deduct a Penalty When a Tenant Terminates a Lease Early in Taiwan?
🐜 Related Reading: Who Is Responsible When the Air Conditioner, Water Heater, or Refrigerator Breaks in Taiwan?
🦂 Related Reading: What to Do About Water Leaks, Mold, or Power Outages in Taiwan? Can Tenants Reduce Rent or Terminate the Lease if the Landlord Refuses to Repair?
Conclusion
When cockroaches, rats, or termites appear in a rental property, their presence does not automatically make the landlord responsible, nor does it automatically give the tenant the right to terminate the lease. What matters is the source and severity of the infestation and whether it has affected the normal use of the property or endangered the health or safety of its occupants.
If the problem comes from the building structure, pipes, leaks, or another condition that the landlord is responsible for maintaining, the tenant should first preserve evidence and notify the landlord. If the infestation seriously interferes with residential use, the tenant can then consider whether there is a legal basis for a rent reduction or termination of the lease.
A serious pest infestation can certainly make a rental property miserable to live in, but moving out immediately may create another dispute. Preserve the evidence, notify the landlord, determine responsibility, and then decide whether the appropriate solution is repair, a rent adjustment, or lawful termination of the lease.
