(Legal basis, Danish legislation)
If pests are found in properties, there are rules that must be complied with. Among the most important rules is that you must follow the pesticide’s instructions and that you should report the problem to the municipality in the case of rats. The instructions must be followed, as biological pesticides can be dangerous to humans and animals if handled incorrectly.
There are a wide range of other duties, and these depend on the property type. The rules are therefore different depending on whether the home is rented or owned in the form of rental properties or home-owner-associations. If your home has been attacked by pests, it is therefore important to familiarize yourself with the rules for your situation. By this, you can ensure to act correctly and place yourself in the best possible position.
Pests in rental properties
If serious pest infestation is found in rental properties, it is the landlord’s duty to remove the pests according to the tenancy law. The removal must take place without any cost to the tenants. A landlord can be an association or a company.
The rule is obvious to many when it comes to pest attacks in the common areas of the property or the woodwork of the property, cat fleas in the basement from wild cats or pigeons in the attic. But the rule also applies in several incidents to animals that appear in the apartments.
According to section 27 of the tenancy law, it is the landlord’s duty to ensure order, including the hygiene level of the property. In practice, this is interpreted as a duty to exterminate significant pests’ problems. This applies to the presence of cockroaches or bed bugs, but this also to other pests were spreading to the rest of the property is possible. The landlord of the property is also responsible for treatment against ants and pest in food stuff.
As a resident, you still have obligations. It is your duty as a resident to report the occurrence of pest to the landlord. If you do not do this, you may in fact be accountable for damages, as the animals thereby have access to spread and thus inflict a greater extent of damage.
If there are issues between landlord and tenant in relation to pest control, it is the municipality that decides. As a starting point, pest control is covered by the cleaning and maintenance obligation that is mandatory for the landlord according to the law, unless otherwise agreed. If guidance and advice on this is required, help can be provided from tenant and landlord organizations.
Pests in owner-occupied and cooperative housing
If there is a pest’s attack in an owned apartment, the tenancy law does not apply. However, the problems are the same, where the pest control cannot be carried out if individual residents refuse to participate.
If it is impossible to carry out a reasonable control of pests in a apartment building due to the refusal of individual residents, it is possible for the municipality to order the residents to participate.
In Chapter 5, § 13 of the “Executive Order on non-commercial animal husbandry, unhygienic conditions, etc.” it states that the municipality may order necessary measures for pest extermination, so that inconveniences and unhygienic conditions are limited or avoided. In the same chapter, § 14 is added that no resident may lay out feed or create conditions for birds and other stray animals if it causes inconvenience to the surroundings.