Pest Control Responsibilities in California
Among the causes of tenant landlord disputes are disputes over responsibility for pest control. In many instances the parties’ lease will address pest control, however, this is not always the case. Generally, landlords are responsible for "reasonable" pest control, however the term "reasonable" varies widely based on the circumstances. In some circumstances a landlord would not be required to exterminate unless they were on notice of a pest infestation, while in other instances a landlord may need to exterminate at their cost to protect a tenant’s health.
If the lease provides that the tenant is responsible for pest control than the tenant is obligated to pay for it and failing to comply with the lease is grounds for terminating the lease. And, of course, unless there is a provision in the lease addressing the issue, a tenant should expect that a landlord bears responsibility for pest control.
In addition, a lease should state whether a tenant is permitted to withhold rent due to an infestation or pay for pest control services and deduct the cost from the rent. In the absence of such a provision, a tenant may not withhold rent due to an infestation.
California Civil Code, section 1941, requires that a landlord:
"…maintain the premises that he leases or rents in a condition fit for human occupation, other than temporary intermittent occupancy for camping purposes, and fit for occupation. In addition, the landlord shall do all of the following:
(a) Make all repairs and do all other things necessary to put and keep the premises in a condition fit for human occupation . While the tenant is in possession and failing to pay rent, the landlord shall not enter into the premises to make repairs without the expressed or implied consent of the tenant.
(b) If the duties imposed by subdivision (a) require the landlord to provide heat, or water, electricity, gas, or oil, they shall be provided to the rental agreement until the rental agreement is terminated. …
(d) Provide and maintain pipes, sewers, and drains for reserved use in common by the tenants in the apartment, unless the landlord and tenant intend to supply them in a different manner."
Of course, a landlord is also responsible for keeping the common areas in a condition fit for human occupation. In other words, a tenant cannot be required to walk through infested common area to get to their unit at night. A landlord’s duties under section 1941 are oblicactions of "law", and therefore a landlord who fails to comply with the law can be sued for damages and deduct the damages from future rent owed.
In addition, California provides that when the tenant receives a written notice describing a bedbug infestation, the tenant is responsible for reporting to the landlord the location of the infestation and for taking reasonable steps to help prevent the spread of infestation by providing the landlord access to the affected unit to assist in controlling the infestation. There is also a different section of Code which specifically addresses extermination of bedbugs.
Legal Pest Control Requirements for California
California state law places a minimum duty on landlords to keep their tenants’ apartments and homes in a habitable condition. This is known as the habitability standard. This duty is reflected in California Civil Code section 1941, which states: The lessor must deliver and pay for, and the lessee must on his part perform, the conditions and covenants of the lease or agreement; and the lessor must: (a) Put that in good working order or condition and thereafter maintain in that condition all facilities supplied by him or her or thereafter furnished by agreement of the parties for: (1) Vital facilities, such as heat, potable water, electricity, gas, garbage facilities and elevators. (2) Sanitation facilities, such as garbage cans, water closets. (3) Ventilation facilities and for maintenance thereof. (4) Fixtures, such as windows, doors, locks, etc., for normal ingress and egress from the premises and fixtures required or supplied by law for obtaining electrical and other energy, and for sanitation and heating. (b) Comply with the requirements applicable to him by applicable building standards and housing laws, statutes, ordinances, regulations and health orders. (Emphasis added.) There are several decisions of the California Court of Appeal in the landlord tenant area that hold that the host of insects – cockroaches, ants, bedbugs, and the like – are vermin that are part of the general category of complaints that California’s implied warranty of habitability law requires landlords to remedy in residential units. (See e.g., Green v. Superior Court (1974) 10 Cal.3d 616 [518 P.2d 635]; Felice v. Seterus Inc. (2018) 25 Cal.App.5th 1000 [236 Cal. Rptr. 3d 359]; Lentz v. McMahon (1989) 51 Cal.3d 980 [798 P.2d 645].) Indeed, in Lentz, the California Supreme Court went so far as to state: "Habitability encompasses . . . roaches and other vermin." (Lentz, supra, 51 Cal.3d at 988.) Although most cases have held ant infestation to be a breach of the implied warranty of habitability, a few decisions have held that an ant infestation did not render the premises uninhabitable. (See e.g., Woods v. Lustig (2015) 234 Cal.App.4th 539 [184 Cal.Rptr. 3d 711].)
Landlord Obligation to Keep Premises Habitable
The "implied warranty of habitability" is a doctrine created by the California courts to protect residential tenants. Under this doctrine, any lease for a residential dwelling contains an implied term that the premises are habitable at the time of habitability and that they remain habitable during the lease term. Cal. Civ. Code § 1941. Further, the courts have identified the following ten categories of habitability requirements: As set forth above, California law requires a residential landlord to comply with applicable laws that "materially affects" the health and safety of the tenants. Many jurisdictions have enacted building codes or health and safety regulations requiring the extermination of vermin. For example, the Los Angeles City Housing Code requires the landlord, as the party in control of the rented unit, to exterminate vermin on the rental property. San Francisco law imposes an express obligation on the landlord to provide adequate extermination services for vermin.
Tenant Rights Regarding Pests
When it comes to pest control, the landlord’s and tenant’s rights are often determined by any provisions contained in the lease agreement. In many instances, the lease is silent as to who is responsible for pest control and the associated expenses. In such cases, a tenant can make a case for landlord liability if the pests were present at the time the tenant took possession of the premises. Likewise, if an infestation develops after the tenant takes possession, the lease must then be examined to determine if the tenant accepted responsibility for pest control under its terms. While lease agreements may not always explicitly state that the landlord is responsible for pest control, this type of an inference may be drawn from the terms included in the lease. In such circumstances, a tenant can request that the landlord remedy the situation.
A tenant in California has several rights when it comes to pest control. The law provides that landlords have an affirmative duty to maintain rental units in habitable condition for each day that an individual occupies a unit. This case law requirement holds the landlord to the implied warranty of habitability standard. That is, a lease agreement, even if unspoken, carries with with it the requirement that the structure and any associated fixtures are habitable. In the case of a pest infestation, any presence of roaches, bedbugs, spiders, ants or other vermin would constitute a violation of the warranty of habitability and a breach of the lease terms. When this occurs, tenants have a right to terminate the lease and recover the amount of the security deposit. If an infestation occurs during the duration of the lease, the landlord must incur any necessary expenses to rid the unit of the pest. Indeed, a lease agreement can stipulate that tenants are only responsible for the pest control of their own unit, if each unit is separate and apart from the other. However, if communications with your landlord concerning the infestation do not produce satisfactory results, you may have a right to exercise one of several potential remedies: A tenant has the right to pursue any or all of these remedies when faced with a pest infestation, provided that the presence of the pest inflicts a substantial enough interference with the tenant’s peace and quiet enjoyment. If the tenant has taken reasonable steps to inform the landlord of the problem, they have a right to enjoy the quiet use of their unit without further harassment from bugs, vermin and other pest.
How to Report Pest Problems
The Control of Household Pests Act (CPHA) governs pest control requirements in California residential rental property. While a landlord can refuse pest control where the tenant is responsible for the infestation or where the tenant failed to provide access, a landlord must arrange for pest control for and at the expense of the landlord if any of the following conditions are alleged: • active infestations, such as cockroaches, bed bugs, rodents, termites, or flies; • nests or burrows of rats, mice, rats, flies or larvae of these specified creatures; • worn or broken plaster, moldy ceilings or walls, broken windows, peeled paint, or other conditions that cause conditions conducive to infestation; • termites and other wood-destroying pests, except in the case of pest control services provided pursuant to the California Civil Code regarding the disclosure of information on pest control. (Cal. Health & Saf. Code, §§ 1941.1, 1942.9.) In California, except in a single family home, a landlord is required to give a tenant a notice of pest control before controlling a "wood-destroying pest." In addition, under California Civil Code section 1941 . 1, every residential landlord is required to keep the premises fit for human occupancy. A substandard condition that premises uninhabitable is a violation of that duty. Before pest control is conducted, the landlord must provide the tenant with a copy of the notice of work to be done. A tenant may not unreasonably withhold consent to have the work done. The notice must describe the work, including the date and time it will begin, location and a general description of the work to be done. In addition, at least 72 hours prior to conducting such work, the tenant must be notified of the need to vacate the unit. However, a tenant may continue to be in physical possession of the unit. The tenant must take reasonable precautions to minimize the exposure to children, pets, and food, utensils, bedding and other items (Cal. Health & Saf. Code, §§ 853) (860; 864.6). The landlord or pest control business must notify the tenant of any restrictions on the occupancy of the unit or use of the facilities of the common interest community (Civ. Code, § 4780). Any references in the statutory law to a "wood-destroying pest" reference one that is ordinarily considered to be a wood-destroying pest.
Resolving Pest Control Disputes
If a dispute arises related to pest control, tenants may want to talk to their California apartment association to see if they can mediate it. If that doesn’t work, renters can consult with an attorney to see whether they have a valid claim and whether mediation might help. If mediation fails and the dispute has not been resolved, tenants and landlords have potential legal remedies, both in civil litigation and through government complaints. If a tenant files a complaint with the Department of Environmental Health, the local office will respond. They will pass on their conclusions to the California Department of Public Health. This review is a "peer-to peer" regulatory situation with the local office evaluating the "evidence" provided to it by the tenant and possibly inspecting the property since federal law does not allow the Federal Environmental Protection Agency to inspect public housing. The local offices have access to the federal inspectors when appropriate. Both local and federal inspectors report their findings to the California Division of Housing Safety (DHS). They conduct the inspections and investigations. If the federal office determines that DHCC violations exist, it will issue a notice of violation to the owner and/or manager that contains a warning of a violation of state law and orders them to correct the violation. If they do not do so, DHS makes a decision on what action it will take. It can either refer it to the federal courts requesting the court order that the violation be abated; or allow the owner / manager to correct it, or issue another notice of violation requesting that the owner correct it, and if they fail to so, take legal action. At this point, the matter is taken out of the hands of the local and federal offices which then closes its file on the property. Sometimes landlords are sued. In California, statutory laws (i.e., laws passed by the California legislature) and common law (laws decided by the appellate courts) provide specific legal protections for apartment tenants as well as single-family homeowners. When a dispute arises about pest control, some lawsuits under the Fair Housing Act have been filed but none have been won — yet. These lawsuits have alleged an injury without claiming a violation of any specific state or federal law. Private lawsuits under other theories such as negligence, nuisance, etc., are also rare. However, there is another choice. From 1990 to 2010, California’s Department of Housing and Community Development (HCD) issued more than 1,500 construction defect claims on behalf of owners of single-family homes and common interest developments (also known as condominiums). However, it has never taken a claim against an apartment owner or operator. Tenants tend to sue less than owner/associations do.
Pest Control Prevention for Landlords
Understanding California Landlord Pest Control Laws
Mandatory preventative pest control measures for landlords:
For mice, rats and rodents – an inspection must occur initially and. If evidence of an infestation or droppings are found, then a follow up inspection and remediation must occur within 10 days of the initial inspection. If no signs of infestation are found, then a preventative periodic inspection and eradication schedule is set.
All nonhuman vertebrate pests and insects – a preventative periodic inspection and eradication schedule is set. Treatment must be repeated on a regular basis, but how often is still open to interpretation, and can be negotiated between the landlord and tenant.
What Are the Costs of Pest Control?
A property owner is required to pay for control of vermin of all kinds in areas outside rented (whether residential or commercial) unit(s) in the building, such as lobbies, pool areas, laundry rooms and hallways. However, inside the rented unit, the tenant is responsible for pest control unless the pest issue presented is unfit for human habitation, in which case repair issues and pest control issues are rolled together into a single problem to be remediated by the landlord.
Thus, the cost implications of pest control are typically placed on the property owner and may be passed through to tenants if the governing lease or rental form so provides. However, landlords who desire to pass through pest control costs must carefully consider the type of pest control they are providing. In particular , if the pest control methods applied to the unit or common area will interfere with the tenant’s continued use of it, the landlord cannot agree to pay all of the costs of the pest control. Therefore, for example, while a tenant may not object to a periodic spraying of insect repellent around the premises, they would likely object to their not being able to enter the premises for a day or two while termite fumigation was occurring.
In the case of pest control actions that affect the tenant’s occupancy of the premises, not only the cost of the service should but some or all of the costs of the lost access should also be passed through. This is especially true in the case of rodent control where the tenant is typically responsible for exposing the rodent housing and where it is likely that the rodent nesting may occur in places not typically within the reach of the pet for pets.