Raccoons in the Attic? Here's Why It's Usually the Landlord's Bill in Philadelphia

By Benjamin Oller, Principal at TCS Property Management · About the author

It usually starts with a call from a tenant: scratching in the ceiling at night, footsteps overhead, maybe droppings near a vent. Squirrels and raccoons are among the most common wildlife problems in Philadelphia rowhomes and multi-unit buildings. The first question most owners ask is: who pays for this?

In most cases, the owner does. Here's why, and what you can do to keep costs down.

What the code says

Philadelphia's Property Maintenance Code sets out who is responsible for pests. Three sections matter most:

PM-309.4, shared areas: In buildings with more than one unit, the owner is responsible for pest control in public or shared areas. In most rental buildings, the attic is not part of any tenant's unit. It's shared space above everyone.
PM-309.5, structural defects: Tenants are generally responsible for keeping their own units pest-free. The code makes a clear exception: where infestations are caused by defects in the structure, the owner shall be responsible.
PM-304.19, building openings: Owners must keep all doors, windows, and openings from the roof or other areas in good repair.

Why an animal in the attic points to the building, not the tenant

Raccoons and squirrels don't come in through a tenant's front door. They get into attics through:

Gaps or rot in soffits and fascia boards
Loose or damaged roof flashing and shingles
Unscreeened roof, gable, or bathroom exhaust vents
Uncapped chimneys
Gaps where utility lines enter the building

Each of these is an opening in the building itself. That is exactly the kind of structural defect PM-309.5 puts on the owner. PM-304.19 separately requires you to repair those openings. So even if removing the animal were somehow the tenant's job, sealing the way would still be yours.

When can the tenant be held responsible?

Rarely, and only when the tenant clearly caused the problem. Examples might include leaving an attic hatch or window open, removing a vent screen, or regularly leaving garbage or pet food outside where it draws animals in. Even then, you will usually still need to fix the entry point.

Keep in mind that a lease clause can't shift this responsibility away from you. Tenants in Pennsylvania have a right to a safe and sanitary home, and a raccoon in the attic can put that at risk. Raccoons can carry rabies, and both raccoons and squirrels chew wiring, soil insulation, and leave droppings.

Why acting fast saves money

Wildlife problems get more expensive the longer they wait:

Chewed wiring is a fire risk and can mean an electrician on top of the removal bill.
Soiled insulation may need to be removed and replaced.
Babies in spring make removal more complicated and more costly.
Unsealed openings mean the animals, or new ones, can come back.

What to do when a tenant reports an animal

Respond promptly. Confirm the report and ask the tenant not to try to remove the animal themselves.
Hire a licensed wildlife control company, not a general exterminator. Raccoons and squirrels are protected wildlife in Pennsylvania, and removing them requires the right credentials and methods.
Insist on exclusion, not just removal. A good company will find every entry point, install one-way doors so the animals leave, and then seal the openings.
Inspect for damage. Ask for a report on wiring, insulation, and droppings, with photos.
Fix the root cause. Repair the soffit, flashing, or vent that let them in. That's your obligation under PM-304.19, and it's what prevents a repeat call.
Keep records. Save the tenant's report, estimates, photos, and invoices. They protect you if costs are ever disputed.

How to prevent it

A yearly exterior check costs far less than a wildlife removal. Every fall, before animals look for winter shelter, have someone check soffits, roof edges, vents, and chimney caps, and trim tree branches that hang over the roof. Squirrels use them as bridges.

The bottom line

In Philadelphia, an animal in the attic is almost always the owner's responsibility. The attic is usually shared space, the animal got in through a gap in the building, and the code requires owners to keep those openings repaired. Handle it quickly, fix the entry point, and keep good records, and a one-time nuisance stays a one-time cost.

This article is general information, not legal advice. For a specific situation, contact the Department of Licenses and Inspections (L&I) or a Philadelphia landlord-tenant attorney. Source: Philadelphia Bill No. 140856, amending the Philadelphia Property Maintenance Code (Subcode PM).