Tenancy law: Mouse nuisance and responsibilities

Questioner

We have been experiencing nuisance from mice for quite some time in the furnished home we rent from a private landlord. All measures we have taken ourselves so far have not helped. We have repeatedly raised the problem with the landlord, who does provide ideas for control but does not take any action. In the meantime, we have daily nuisance and a professional pest control company has to be called in. The landlord does not want to contribute to the costs of this, I do not agree with that. Does this fall under our responsibility or that of the landlord?

Lawyer

The landlord is obliged to provide you with undisturbed enjoyment of the property. If there is a mouse plague, the landlord is in breach of this obligation, unless the nuisance is related to the way in which you use the property. Because the cause of a mouse plague cannot always be determined, I advise you to agree in consultation with the landlord that you will share the costs.

Lawyer

In principle, pest control falls under the responsibility of the tenant. The law has determined that minor repairs are at the expense of the tenant. Which minor repairs these are is regulated in the so-called decree minor repairs that you can view via the following link: http://www.novosite.nl/editor/assets/emmerik/Besluit%20kleine%20herstelling.pdf Under letter r it is determined that pest control is in principle at the expense of the tenant, unless the intervention involves significant costs. I assume that hiring a pest control company involves significant costs and that the landlord must therefore pay for these costs. My advice is to send your landlord a registered letter in which you request him for the last time to take measures within a reasonable period of time, for example 7 days. Furthermore, you must state in your letter that after this period you will hire a company yourself and that you will recover the costs of this operation from your landlord.