Portsmouth, VA Public Health Rules: Rodent Control (2026)
Key Facts
- Responsible party
- Occupant, for space under their own control
- Governing section
- City Code Sec. 17-34(4)
- Definition of infestation
- Insects, rodents, vermin, or other pests
- Related occupant duty
- No accumulating garbage in storage bins
- Penalty
- Misdemeanor, fine up to $2,500.00
- Report duty
- Occupants must report violations to public health director
Summary
Portsmouth's housing code puts pest control on the occupant, not just the landlord: Sec. 17-34(4) makes every occupant responsible for eliminating infestation on the part of the premises under their control. The code defines infestation broadly to include insects, rodents, vermin, or other pests, and violations are prosecuted as misdemeanors.
The following duties and responsibilities are hereby imposed upon every occupant of any building covered by the provisions of this article: ... (4)Every occupant shall be responsible for the elimination of infestation in and on the premises subject to his control. [Sec. 17-23:] Infestation means the presence of insects, rodents, vermin or other pests on the premises.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Sec. 17-34 of the Buildings and Structures Maintenance Code lists the duties imposed on every occupant of a covered building, separate from the owner's own duties under Sec. 17-33. Item (4) makes every occupant responsible for the elimination of infestation in and on the premises subject to the occupant's control, meaning a tenant cannot leave a rodent or insect problem for the landlord to solve if it originates in space the tenant occupies and controls. Sec. 17-23 defines 'infestation' for purposes of this article as the presence of insects, rodents, vermin, or other pests on the premises, so the duty reaches more than just rats and mice.
The same section's duties require occupants to keep all parts of the premises under their control clean and sanitary (item 2) and to avoid using storage bins, rooms, or areas for the accumulation of garbage or refuse (item 3), both conditions that attract infestation in the first place. Sec. 17-32(b) makes clear that an occupant's duties under Sec. 17-34 exist independently of the owner's duties, so an owner cannot avoid enforcement by arguing the occupant also let pests take hold. Occupants who discover a violation, including an infestation, are separately required by Sec.
17-34(1) to report it to the director of public health immediately. Violations of these occupant duties carry the same misdemeanor penalty structure as owner violations under Sec. 00 for a first offense, escalating for repeats at the same property.
Violations & Fines
Failing to eliminate an infestation on the portion of the premises under an occupant's control violates Sec. 17-34(4) and is a misdemeanor under Sec. 17-27(a), punishable by a fine of up to $2,500.00. A second violation within five years carries a minimum $1,000.00 fine, and repeat violations at the same property can bring even steeper penalties.
Frequently Asked Questions
Who is responsible for pest control in a Portsmouth rental, landlord or tenant?
What counts as 'infestation' under Portsmouth's housing code?
What happens if an occupant ignores a rodent problem they caused?
Sources & Official References
Other rules in Portsmouth
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