Housing Rules

Mice and Rats in a NYC Rental: Landlord and Tenant Duties

By the NYC Rodent Control team · Updated 2026-10-08

If you rent in New York City and mice or rats are in your home, the law puts the main job on the building owner. This guide explains what the owner has to do, the steps a tenant can take, and where the city's own rules say how fast things must move. It is general information, not legal advice.

In this guide:

Who is responsible for pests in a NYC rental
Steps a tenant can take
How fast does the landlord have to act
For owners and managers

Who is responsible for pests in a NYC rental

Under the Housing Maintenance Code, owners must keep their buildings free of rodents. Where a building is infested, the owner has to carry out continuous eradication measures, which means trapping, baiting or other methods until the problem is actually gone.

Since Local Law 55 of 2018, owners also have to use integrated pest management when dealing with mice, rats and cockroaches. HPD's guide cites Administrative Code section 27-2017.8 and 28 RCNY section 54-04 for these rules. In plain terms, spraying alone does not satisfy the law. The owner must also fix the reasons pests are there.

Remove nests, droppings and debris, including by HEPA vacuuming or washing surfaces.
Seal holes, gaps and cracks in walls, ceilings, floors and baseboards, and around pipes, conduits and cabinets.
Repair leaks and drains that hold water, and replace saturated wall material.
Install door sweeps on doors to hallways, basements and the outside so the gap is no more than one quarter inch.
Have any pesticide applied only by a professional licensed by New York State DEC.

Owners must also inspect apartments at least once a year, and more often if they know or should know of a condition that causes an infestation. They must inspect or treat when a tenant reports an infestation.

Steps a tenant can take

Tell the landlord or managing agent in writing, by email or letter, and keep a copy. Describe what you see and where.
Take dated photos of droppings, gnaw marks, holes and any live or dead rodents.
Give reasonable access for inspection and treatment. The Rent Guidelines Board notes an owner who gives reasonable notice can generally require access at reasonable times.
If nothing happens, file a complaint through 311. Infestations inside a rental apartment go to HPD, which can inspect and issue violations.
If violations do not lead to repairs, a tenant can start an HP action in Housing Court to ask a judge to order the owner to comply.
Rent stabilized tenants can also apply to the state housing agency (HCR) for a decrease in services. The Rent Guidelines Board lists form RA-81 for one apartment and RA-84 for a whole building.

Do not stop paying rent on your own. Talk to a tenant attorney or a free legal help service first, because withholding rent can lead to an eviction case.

How fast does the landlord have to act

HPD sorts violations into classes. Its published timelines are 90 days for Class A, 30 days for Class B, and 21 days for Class C violations involving mice, cockroaches or rats. Other immediately hazardous Class C conditions get 24 hours. Mice are listed as a Class B condition on some checklists, and mice or rats entering through holes in walls or floors as Class C, so the exact class depends on what the inspector finds. Our HPD violations guide explains the classes in more detail.

Civil penalties for buildings with more than five units, for violations issued on or after December 8, 2023, run from $50 to $150 for Class A, $75 to $500 for Class B, and $150 to $1,200 for Class C, plus daily amounts when the violation stays open.

For owners and managers

The cheapest way to stay out of trouble is to treat the building, not just the unit that complained. Mice move through pipe chases and shared walls, so a single unit treatment often fails within weeks.

Keep a dated log of every complaint, visit and sealed opening.
Hire a pest professional to inspect the whole building and seal the routes between units.
Fix moisture and sanitation problems that feed the infestation.
Keep photos and service reports. They help if a tenant files a complaint or HPD inspects.

Our apartment rodent control program is built around this approach, with documentation owners can hand to an inspector.

Frequently Asked Questions

Does the landlord pay for the exterminator?

In a rental building, controlling mice and rats is generally the owner's responsibility under the Housing Maintenance Code, and the owner has to pay for it. If you want to hire your own company, talk to the landlord first and keep records.

Can my landlord enter my apartment to treat for pests?

The Rent Guidelines Board says an owner who gives reasonable notice can generally require access at reasonable times. Try to agree on a time that works for you, and check your lease.

What if the landlord ignores my complaint?

File a complaint through 311 so HPD can inspect. If violations are issued and the owner still does nothing, a tenant can bring an HP action in Housing Court.

Is one mouse a violation?

An inspector decides based on what is found. HPD classifies violations by condition, so evidence such as droppings, nests and entry holes matters. Photos help.

Sources

Rules and numbers on this page come from these public sources. Check them for the latest wording, since agencies update their pages.

NYC

NYC Rodent Control Team

This guide is general information, not legal advice. For a legal question about your lease or a violation, talk to a tenant attorney or a free legal help service. See our sources page for how we write these guides.