Lincoln, Neb., Mun. Code ch. 21.05 § 21.05.360
Section 309 Amended; Pest Extermination
Operative Text
Section 309 of the International Property Maintenance Code is amended to read as follows: SECTION 309 - PEST EXTERMINATION 309.1 Infestation . All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation. 309.2 Owner. The owner of any structure shall be responsible for extermination within the structure. prior to renting or leasing the structure. 309.3 Multiple occupancy . The owner of a structure containing two or more dwelling units, a multiple occupancy, or a rooming house shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for extermination. 309.4 Occupant . The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Where an infestation is caused by failure of an occupant to prevent such infestation, the occupant shall be responsible for extermination. Where the infestations are not caused by the occupant or where the infestations are caused by defects in the structure, the owner shall be responsible for extermination. (Ord. 19349 §36; March 1, 2009).
Lincoln Municipal Code § 21.05.360 (Section 309) establishes a framework for who bears responsibility for pest extermination in residential and multi-occupancy structures. All buildings must be kept free of insects and rodents, and any infestation must be addressed promptly using approved, health-safe methods followed by reinfestation prevention measures. Responsibility shifts between owners and occupants depending on the cause of the infestation—owners are generally responsible before a tenancy begins and when structural defects contribute to the problem, while occupants bear responsibility when their own conduct allows pests to take hold.
Plain English — not legal advice.
Under Lincoln Municipal Code § 21.05.360, property owners are generally expected to ensure a structure is pest-free before it is rented or leased, and to address extermination in shared or common areas of multi-unit buildings. When an infestation stems from a structural defect rather than occupant behavior, the owner remains responsible for remediation using approved, health-safe extermination processes. Compliant operators typically document the condition of a unit before occupancy, maintain records of any pest treatments performed, and take follow-up steps to prevent reinfestation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Lincoln Municipal Code § 21.05.360 recognizes that tenants have a right to occupy a structure that was pest-free at the start of their tenancy and that is free from infestations caused by structural defects. When an infestation arises from conditions beyond an occupant's control—such as a building defect—the owner, not the tenant, bears responsibility for extermination. Tenants who believe an owner is failing to meet these obligations may consider documenting the infestation, notifying the owner in writing, or reaching out to Lincoln's code enforcement office or a local tenant-rights organization to understand available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 5, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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