Below are questions asked by rental property owners regarding California property management, followed by answers provided by the law firm of Simone and Blevins.
Question One: 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 periodic pest control services for my apartment building. Is it true that I am required to have periodic pest control services?
Answer One: 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 and that 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. It is advisable to enter into a contract for periodic pest control treatments to reduce common pest issues. Pursuant to California Civil Code 1940.8, if you enter into a periodic pest control contract you are required to provide the tenant with a copy of the contract.
Question Two: 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-Hour 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?
Answer Two: 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 CA 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.
Question Three: 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?
Answer Three: 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 to perform, as additional steps may be necessary prior to service of the notice depending on the provisions of your rental agreement.
Question Four: I am a new landlord, and I have heard that bedbugs are a common problem in residential tenancies. Are there any requirements to provide my tenants with information about bedbugs?
Answer Four: 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 all your current and new tenants. The notice provides useful information to both landlord and tenant regarding the physical appearance of bedbugs and possible signs of infestation. You must also include your procedure for tenants to report suspected infestations. Bedbugs 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 bedbug infestation.
Question Five: 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?
Answer Five: No, you should not give a three-day notice to pay rent or quit until the bedbug inspection is completed and any infestation is treated. You must contact a pest control company as soon as possible to inspect the unit for bedbugs. If bedbugs are present in the unit, you must begin treatment immediately. If there is no sign of bedbugs, 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 bedbug clearance from your pest control company stating that there was no sign of bedbugs in case you need to rebut your tenant’s claim that the unit is uninhabitable.
Attorney Franco Simone, of Simone & Blevins, has been doing evictions for over 28 years. He is also an adjunct law professor at the University of San Diego. Mr. Simone’s office is open Monday – Friday from 9:00am to 5:00pm Telephone:619-235-6180 Email:[email protected] Website: www.landlordslegalcenter.com.