Below are questions asked by rental property owners regarding pest control, followed by answers provided by the law firm of Simone and Blevins.
Question 1: I have an apartment building in City Heights and my tenant is complaining to me that they have cockroaches. I told them they need to keep the apartment in a clean condition so that they do not continue to have a pest issue. They claim they do keep the apartment clean and that I am required to have pest control services for my apartment building. Is this true?
Answer 1: Yes, landlords of multi-unit properties must provide pest control. As a landlord in California, you must provide your tenants with a habitable dwelling place, which means providing pest control services. While some pest control issues may result from the tenant’s failure to maintain the rental property, that is not always the case. Communal living can often cause one tenant’s pest issues to become an issue for the entire apartment complex.
However, it is important to note that landlords that rent single-family residences are not required to provide pest control to their tenants, but should require the tenant to maintain their own pest control services as part of the rental agreement.
Q2: I own a duplex that is fully rented to tenants. I plan on providing pest control treatments to the duplex myself. I gave a 24-hours’ notice to enter to the tenants to provide treatment, but the tenants are asking what chemicals I am going to use. Am I required to provide this information to my tenants?
A2: Yes, pursuant to California Civil Code § 1940.8.5 residential landlords that provide “do it yourself” pest control treatments are required to provide their tenants with a notice that states the following: 1) the type of pest being treated, 2) the name and brand of the pesticide product being used, 3) a specific disclosure as required by California Civil Code § 1940.8.5, 4) the date, time, and frequency the pesticide will be applied, and 5) the statement “The approximate date, time, and frequency of this pesticide application is subject to change.” AOA has a form you may use to provide this notice to your tenants.
Q3: I own an apartment building and have contracted with a pest control company to provide monthly services. The pest control company informed me that one of my rental units has an infestation of cockroaches. I have authorized a treatment plan with the pest control company. However, when I spoke to my tenants about the treatment plan, they told me that they did not have time to allow the pest control company to enter the rental unit and they would not remove their dog for the treatment. What should I do?
A3: According to California law, tenants must allow access to pest control for inspections and treatments upon 24-hours’ written notice of entry. If the tenant continues to refuse access to the pest control company, you should serve the tenants with a 3-day Notice to Perform Covenant or Quit to allow access. You should speak with an attorney prior to issuing the Notice, as additional steps may be necessary prior to service of the notice, depending on the provisions of your rental agreement.
Q4: I am a new landlord and I have heard that bed bugs are a common problem in residential tenancies. Are there any requirements to provide my tenants with information about bed bugs?
A4: Yes, prior to creating a new tenancy for a dwelling unit, you are required to provide the notice contained in California Civil Code § 1954.603 to your new tenants. The notice provides useful information to both landlord and tenant regarding the physical appearance of bed bugs and possible signs of infestation. You must also include your procedure for tenants to report suspected infestations. Bed bugs are very small and stay hidden, making them very difficult to detect with the naked eye. Thus, tenants and landlords should become familiar with signs of a bed bug infestation.
Q5: I have tenants who have not paid rent and are claiming they have bed bugs. Can I give them a three-day notice to pay rent or quit before I inspect the unit?
A5: No, you should not give a three-day notice to pay rent or quit until the bed bug inspection is completed and any infestation is treated. You must contact a pest control company as soon as possible to inspect the unit for bed bugs. If bed bugs are present in the unit, you must begin treatment immediately. If there are no signs of bed bugs, then you may serve a three-day notice to pay rent or quit and begin an eviction if the tenants fail to timely pay. You should request bed bug clearance from your pest control company stating that there was no sign of bed bugs in case your tenants claim that the unit is uninhabitable.
The law firm of Simone & Blevins has been doing evictions for over 28 years. Their office is open Monday – Friday from 9:00 AM to 5:00 PM. Tel: 619-235-6180, website: www.landlordslegalcenter.com, or email [email protected].