Who is Responsible for Pest Control in California, Landlords or Tenants?
Whether you are a homeowner or tenant in the state of California, you need to know your rights when it comes to rental agreements and pest control. When bugs and rodents make their way into your home, it can cause a serious confrontation between renters and landlords.
Landlord’s Responsibilities for Pest Control
As a landlord, it is your responsibility to ensure that pests cannot infiltrate the property, and that the property is pest-free upon tenant move-in. Under California law, a rental property must be fully suitable for human habitation when the tenant moves in. If the house has any pests, it is the landlord’s responsibility to clear the home and ensure that the home is property inhabitable.
If you, as a tenant, discover any bugs or rodents upon move-in, that is a violation of this law. In this situation, you have the option to get your deposit back or have the landlord deal with the pests before you begin your lease.
As the landlord, it is important to include pest control in the lease agreement. Specifically addressing that any infestation caused by the tenant will be the responsibility of the tenant. If recurring issues are present, document the history of pest issues and note unhealthy conditions or lingering garbage.
If you can prove that pests are entering your home through holes, gaps or cracks in the walls, it is the landlord’s responsibility to eliminate the pests and fix the residence. In accordance with California law, landlords must comply with local health codes to remove pests. That means they can pay for a pest control company if DIY tactics do not work.
Renter’s Responsibilities For Pest Control
As a renter, pest control responsibilities are shared in order to protect and keep the property pest-free during the lease period. Admittedly, there is a gray area as pest invasion scenarios arise. Therefore, it is imperative that both the tenant and landlord work together to maintain a pest-free rental. Luckily, one main preventative measure is to keep the home clean and clear of any lingering trash or food. Keeping a clean home is always preventative measure #1.
Can a tenant legally withhold rent until pest control issues are taken care of?
This depends on documentation and communication. If the tenant has given a written notice to the landlord, and can prove negligence, they may be able to withhold rent. Each locale has their own laws concerning this issue, so check those first.
How do you determine who needs to take care of pests, and who is financially responsible for it?
As a landlord, if you can prove that the tenant is the cause for a pest infestation, they must pay for pest control. According to California Civil Code Section 1941.2, if the tenant’s actions are the proven result of the pest infestation, and the property is rendered uninhabitable, it is their responsibility to deal with the pests and any necessary repairs.
Tenants can bring pests to the property in the following ways:
- Bringing bed bugs from furniture or by visiting other infested areas. Depending on conditions, bed bugs can live for 20 to 400 days without food.
- Leaving food or trash open can attract rodents, flies, ants and spiders. Leaving food out can create an entire ecosystem of pests, so keep your home clean and take your trash out regularly.
- Pets can bring in fleas, ticks, spiders, mosquitoes and many other pests. Make sure to clean your pets regularly and treat them for fleas and ticks.
Ultimately, it is in the best interest of the landlord to keep the property pest free to protect their investment and keep their tenants (recurring revenue) happy. Though the tenant has the right to live on the property, it is ultimately your property and your financial burden. If you are working with a property manager, home owners association or thinking of hiring a property management company, consider asking them about their pest control policy and how they would deal with pest infestations.
Pest control problems need to be addressed as soon as they happen to prevent expensive and potentially harmful situations. Different pests require different treatments, bed bugs, rodents, termites, ants, spiders and cockroaches all have different pest control solutions. For a comprehensive pest inspection, contact pest patrol today.