Landlord says there is roach problem and needs to spray all units in my building, but I have no pests in my unit

[g. kaye]

Michigan


I just got a notice from my landlord that there is a roach problem in my building and they need to spray/bait every unit because of it. However, I don't have any roaches, eggs, or any insects whatsoever in my specific unit, and I'm not comfortable with chemicals being sprayed in my living space because I have a family history of lung cancer (especially if there isn't a problem in my unit to begin with).

So I would like to know what the law is regarding this?

Does there need to be actual proof of infestation in each unit in order for them to be allowed to spray a unit? Or is it a case where they can spray every unit they want regardless and I have no say in the matter?

The letter stated it's mandatory and anyone who refuses may be served with a 30 day eviction notice. I don't want to have to move over this, but I also don't want to live in an environment that could be hazardous to my long term health.

I'm going to call my landlord in the morning to discuss it, but they are closed now so I thought I could get some information here in the meantime.

Thank you

 

[adjusterjack]

If they spray all the units except yours guess where the roaches will go?

That's right. They will all converge on your unit.

How do I know that? I have been doing my own pest control spraying for decades and I use the same chemicals the professionals use.

As for a 30 day eviction notice, are you on a month to month tenancy at will or do you have a lease from what date to what date? And if you have a lease, what does it say about pest control?

For the legal stuff I suggest you read A Practical Guide for Tenants and Landlords published by the MSU College of Law Housing Law Clinic. It's the 2021 edition and the most recent one I could find. It is very comprehensive.

tenantlandlord.pdf (mi.gov)

 

[g. kaye]

If they spray all the units except yours guess where the roaches will go?

That's right. They will all converge on your unit.

How do I know that? I have been doing my own pest control spraying for decades and I use the same chemicals the professionals use.

As for a 30 day eviction notice, are you on a month to month tenancy at will or do you have a lease from what date to what date? And if you have a lease, what does it say about pest control?

For the legal stuff I suggest you read A Practical Guide for Tenants and Landlords published by the MSU College of Law Housing Law Clinic. It's the 2021 edition and the most recent one I could find. It is very comprehensive.

tenantlandlord.pdf (mi.gov)

Thanks for your response. Do you know what kind of chemicals they may be using for the roaches?

My lease is yearly and was just renewed April 1st, so I am under lease until March 30th 2025.

As for the roaches converging on my unit, that's the other thing that didn't really make sense to me because my building has no ventilation system that roaches could travel through from unit to unit - it's heated by hydronic baseboards - so I'm not sure how they would get in my unit or how they're even spreading throughout the building to begin with since it seems roaches are too big to fit through the paper thin moulding cracks (unlike ants or spiders for example).

 

[quincy]

https://www.canr.msu.edu/resources/american-cockroach

Cockroach treatment relies less on the use of chemicals now - but you can ask your landlord if bait traps can be used in your residence rather than chemical applications or sprays. It’s a reasonable request.

 

[LdiJ]

Thanks for your response. Do you know what kind of chemicals they may be using for the roaches?

My lease is yearly and was just renewed April 1st, so I am under lease until March 30th 2025.

As for the roaches converging on my unit, that's the other thing that didn't really make sense to me because my building has no ventilation system that roaches could travel through from unit to unit - it's heated by hydronic baseboards - so I'm not sure how they would get in my unit or how they're even spreading throughout the building to begin with since it seems roaches are too big to fit through the paper thin moulding cracks (unlike ants or spiders for example).

Sorry but you are wrong on that. Roaches can get through the tiniest of spaces. They really will converge on your unit and then from your unit they will travel back to the other units when the spray wears off, which will defeat the entire purpose of spraying. Try Quincy's suggestion about the bait traps. Maybe even offer to pay for them if the landlord is reluctant.

 

[adjusterjack]

Do you know what kind of chemicals they may be using for the roaches?

There are many. Ask your landlord what will be used. Then look up the product.

 

[quincy]

It is important for tenants to understand that landlords are legally responsible for controlling pests in their rentals (including human pests ). They cannot let their properties be overrun by rats or bats or bees or ants or cockroaches or other creatures without risk of health department and tenant legal actions filed against them.

A list of chemicals used for roach eradication can be found in the MSU link provided earlier.

 

[FarmerJ]

there is no apartment building that offers units that are totally sealed between units, Even if the walls are concrete there are going to be places where pipes go from one unit to another such as hot or cold water lines drain lines , there can be the tiniest of cracks around electrical pipes , gas hot water and furnace vent piping. Gas line pipes and last but not least Ive known plenty of renters who did their own preventative treatment when they lived in buildings with roaches and thats the dang things going right under hallway or other doors to find a space that is not heavily infested so they can begin to breed and create their own Roachdom. I suggest you make the needed prep to have your unit sprayed as preventative to reduce the odds of them taking over . your free to ask the landlord to tell you what they know of the spray used or for written information from the pest control. BUT in the end even if your on a lease until march of 25 what can happen is that your landlord will arrange for multiple attempts to treat your unit and with each refusal to let them in your landlord can use that and give you proper notice again to treat and tell you in that letter that your refusal can lead to them terminating your lease and a possible court case against you for blocking the landlords repair efforts ( you could easily lose and have to move any way) or your landlord could try a few more times and then refuse to renew your lease and make you get out in order to treat that unit when empty AND last but not least if your Landlord has a paper trail of you refusing to allow legit what makes you think that a landlord in your future will never find out that you refused costing them even more in the end ?