Whether you’re the landlord or the tenant, no one, and we mean no one, wants to find out that there are pests in their rental unit. They’re a big hindrance to tenants’ living arrangements and they cause a lot of issues for landlords, the least of which is the potential impact on their property value due to damage.
But when a tenant reports there are rodents, cockroaches, or other pests in their rental, it might not be immediately clear who is responsible for pest control: the landlord or tenant. Determining who is responsible can become a point of contention.
With this guide, we’ll take a closer look at California’s pest control laws, landlord and tenant responsibilities, and how cooperation between landlords and tenants may be the best way to prevent infestations.
If you’re looking for experienced Orange County property managers who can handle everything from pest control to tenant relations, give us a call at (949) 892-1505 to learn how we can protect your investment and ensure both you and your tenants have peace of mind.
Key Takeaways
- California law requires landlords to handle pest control and maintain habitable living conditions. The landlord must address issues like rodents, termites, and bedbugs.
- Tenants should report pest problems immediately to prevent infestations from spreading. Early detection helps solve issues faster and prevents costly damage.
- If tenant actions directly cause a pest problem (e.g., bringing in infested furniture), they may be financially responsible for pest control treatment.
- In Orange County, landlords must follow specific guidelines from the Orange County Health Care Agency, especially for rodent and bedbug infestations in multi-unit properties.
Table of Contents
The Legal Framework: California’s Pest Control Laws
In California, the legal responsibility is shared between landlords and tenants—each party has specific obligations under the law. We’re going to break down the key laws and regulations in California so you can handle any potential pest problems with ease.
There are two main pieces of legislation that govern how bedbugs are treated in California: California Civil Code, Section 1941.1, and California Health and Safety Code, Section 17920.3.
Implied warranty of habitability
California Civil Code, Section 1941.1 establishes an implied warranty of habitability—landlords are required to keep rental properties in a habitable condition. This includes keeping the property free from any condition that could endanger the health or safety of their tenants. The Section is a broad provision that covers a lot of different areas of a rental property including ensuring the building is free of pests like rodents, termites, or insects. If there is a pest infestation that impacts habitability, the landlord must take action to eliminate the problem as quickly as possible.
Unfit for human habitation
California Health and Safety Code, Section 17920.3 outlines specific conditions that make a property unfit for human habitation. It requires that properties must be free from:
- Infestation by vermin like rodents, cockroaches, etc.
- Unsanitary living conditions like garbage or organic material that attract pests.
- Structural issues that allow pests easy access into the unit like cracks/holes in walls or foundations.
The landlord is responsible for addressing these issues in an effort to ensure they maintain a safe and healthy living environment.
Orange County ordinances
While California state law sets out general standards for pest control in rental properties, some cities and counties have additional ordinances that must be followed. In Orange County, there are additional guidelines from the Orange County Health Care Agency that relate to pest control.
- Rodents and vermin: Landlords in Orange County are required to quickly address rodent infestations, especially if there is evidence of rats or other vermin that could pose a danger to tenants.
- Bedbugs in the OC: Landlords in areas like Fullerton or Irvine must ensure they take appropriate measures to eliminate infestations, especially in multi-unit properties. Tenants are responsible for reporting bed bug sightings immediately and cooperating with inspections and treatments.
- Tenant responsibilities in Orange County: Many cities have regulations that require tenants to keep their units clean and free from conditions that attract pests.
Property Owner/Landlord’s Responsibilities
In California, the primary responsibility for managing pest control in rental properties falls to the landlord or property owner. Landlords must ensure the property is habitable and safe for tenants at all times, and pest control is an essential part of that.
This responsibility starts before tenants move into the property. Before renting the property, landlords must ensure it is free of pests. Once there are tenants in the property, landlords should conduct regular inspections to prevent infestations in common areas like lobbies, hallways, and any shared utilities. If a tenant reports any signs of pest infestation, the landlord must arrange for the necessary treatments. This is especially important in multi-unit properties where pests can easily spread between units.
To ensure proper pest management, landlords must hire licensed pest control professionals to handle infestations. This ensures that the treatments are legally compliant, safe for tenants, and effective in eliminating the problem.
Tenant’s Responsibilities
Although landlords bear the primary responsibility for pest control, tenants also play a role when it comes to preventing pests and maintaining a habitable environment.
Keeping the property clean
Tenants are responsible for keeping their rental property clean to prevent attracting pests. This includes properly disposing of garbage, cleaning up food spills, and storing food in sealed containers. If tenants don’t keep the property clean and a pest infestation happens, they may be held financially responsible for the needed pest control treatments.
Tenants should also proactively use over-the-counter solutions when small issues arise. For example, if they see a few ants in the kitchen or a couple spiders in the bedroom, it’s time to get a can of Raid or bait traps versus calling in professional pest control specialists. Tenants should still inform landlords of these issues and landlords can offer to reimburse for these small expenses. Cooperation between landlords and tenants is essential and in cases of pest control, minor problems should be handled by tenants when possible before resorting to professional pest control services.
Reporting issues as soon as possible
At the first sign of any type of infestation, tenants should reach out to their landlord. The sooner the landlord is notified, the sooner action can be taken to eliminate the infestation.
Cooperating with the treatment process
When pest control treatments are scheduled, tenants must grant access to the unit for pest control professionals to carry out the necessary treatment. In some cases, tenants may also be required to take certain actions—like removing furniture or cleaning the unit—to facilitate the treatment process.
Shared Responsibilities: Cooperation Between Tenants and Landlords
We’ve outlined how landlords and tenants can work separately to prevent and manage pest infestations. Now, we’re going to look at how clear communication and cooperation between landlords and tenants can make the process even more effective.
Tenants can work together to prevent pest infestations from even happening. Tenants can keep their windows closed, and food sealed, and use trash bins with tight-fitting lids. They can also be accommodating when landlords request to inspect and maintain the property as a preventative measure. Landlords should regularly check the property, proactively seal cracks, and keep the plumbing system in good working condition.
The importance of communication
It’s also important to have clear communication between landlord and tenant. Communication can prevent misunderstandings and ensure pest issues are addressed quickly. It’s also essential to document pest issues and treatments with written notices and photos of any associated damage.
Landlords have the responsibility to notify tenants before pest control treatments are scheduled, especially if pesticide applications are involved. Whenever possible, landlords should give tenants 24 hours’ notice, though some emergency situations may require immediate action.
Tenants should be informed of:
- The type of treatment being used.
- Any preparation they may need to undertake (e.g., removing furniture, sealing food).
- The date and time of treatment.
- Post-treatment instructions, such as air circulation and re-entry protocols.
Termites, Bedbugs, and Rodents, Oh My!
There are a lot of different pests that can wreak havoc on your rental property. But, there are three particular pests that can be truly devastating for California property owners.
- Termites: Termite control is a significant issue in California due to the state’s dry climate. Termites can cause serious damage to a building’s structure, and landlords are responsible for treating infestations and preventing further damage. It’s important for tenants to report any signs of termites quickly to avoid extensive damage to the property.
- Rodents: While rodents may be a landlord’s responsibility to eliminate, tenants are expected to take basic preventive actions like keeping food sealed, not leaving pet food out, and using garbage cans with lids. Rodent problems often require both landlord intervention and tenant cooperation to be fully resolved.
- Bedbugs: Bedbugs are the responsibility of the landlord to treat, but it’s essential that tenants report early signs and cooperate with treatment plans. Bedbugs can spread easily in apartment buildings or multi-unit complexes so time is of the essence.
California has specific regulations regarding bedbug infestations, especially in multi-unit buildings. If you have bedbugs in your rental property, you must take immediate action when they’re reported and ensure treatment is performed by licensed pest control professionals throughout the entire building where multi-unit properties are concerned. Tenants are required to cooperate with bedbug inspections and treatments, which may include washing linens, clearing clutter, or even vacating the unit temporarily.
When Pest Control Becomes a Tenant’s Financial Responsibility
As mentioned above, in most cases landlords bear the responsibility for managing and financing pest control. But there are some cases when tenants can be held responsible—these instances are called tenant-inflicted pest problems.
If pests are introduced into the property because of a tenant’s actions, the tenant may be held financially responsible for the treatment and any damages caused to the property due to the infestation.
Whether rats were introduced because garbage was left open around the property or bedbugs came in through an unclean couch, if the pest infestation was directly caused by tenants, landlords can make a case to hold them financially responsible.
The Role of Pest Control Companies
As a landlord, it might seem tempting to try and save a few dollars by managing the pest issue on your own. And while that might work with something run-of-the-mill like ants, it isn’t going to cut it with a full-blown infestation.
Only licensed pest control operators are authorized to apply certain pesticides. Landlords should never attempt to handle hazardous chemicals themselves. This also ensures that the chemicals used are safe for tenants, pets, and the environment.
Landlords should hire licensed and reputable pest control companies to ensure proper and legal treatment of infestations. A professional company will be able to conduct a thorough inspection, treatment, and follow-up to confirm the problem has been resolved.
While landlords are not directly responsible for applying pesticides, they must ensure that pest control services comply with state laws and regulations concerning pesticide use. California’s Department of Pesticide Regulation (DPR) governs pesticide safety, which is particularly important when managing pest infestations in rental properties.
Don’t Let Pest Control Bug You
Managing any emergency in your rental property can be stressful. But there’s a special kind of bothersome that comes with managing a pest issue. Instead of sweating the small stuff, why not hire a professional property management company to handle every aspect of your rental property—interest control?
At Good Life Property Management, we believe life should be enjoyed, not spent sweating the small stuff. That’s why we set out to make property management easy. We care about you, your property, and your tenant. And we do it all so you can Live the Good Life.
Schedule a call to speak with one of our Good Life experts.
Pest Control FAQs
How often should pest control be done in a rental property in California?
There is no set number of inspections or treatments mandated for pest control in rental properties. In California, it’s advisable to conduct a pest inspection annually and promptly respond to any tenant concerns.
Who calls pest control in a rental property?
The landlord is responsible for calling a pest company to inspect, treat, and follow up on any pea issues in their rental properties.
Who is liable for pest control?
Most often, landlords are responsible for pest control in California. They’re required to call a pest control company, ensure the problem is managed. And assume financial responsibility as well.
Are tenants responsible for pest control in California?
In cases when the tenant is responsible for introducing the pest problem to the property, they can be found liable for the pest control and any damage that the infestation caused.
Who pays for pest inspection in California?
Normally the landlord or property owner would pay for pest inspections in California. The only exception would be if the pest problem was introduced by the tenants.
Steve Welty
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