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Are Landlords Responsible for Pest Control in California?

Usually, yes. California Civil Code §1941.1 says a rental isn't habitable unless areas the landlord controls are kept free of rodents and vermin, and the Attorney General lists pest control for rats, roaches and bed bugs as a landlord duty. Tenants must keep their unit clean and may lose that protection if their conduct substantially caused the problem.

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Step by step

  1. Document the problem with dated photos or video of pests, droppings or damage.
  2. Notify your landlord in writing, by email, text or letter, and keep copies.
  3. Give access for inspection and treatment when the landlord gives proper notice, and follow the pest company's prep instructions.
  4. If nothing happens, contact your local code enforcement, building or health department.
  5. Get legal help before withholding rent or deducting repair costs.

What does California law say about pests in rentals?

Civil Code §1941.1 lists the conditions a rental must meet to be habitable. One of them is that the building and grounds at move-in, and all areas under the landlord's control, are kept clean, sanitary and free of debris, garbage, rodents and vermin. Landlords must also provide enough garbage receptacles in good repair.

The California Attorney General's tenant guide spells it out: landlords must provide adequate pest control for rodents like rats and insects like roaches and bed bugs. That duty applies regardless of the home's condition when you moved in.

When can a tenant be responsible for pests?

Tenants have duties too. Under Civil Code §1941.2, a tenant must keep their part of the premises clean and sanitary and dispose of garbage and waste in a clean and sanitary way. If a tenant substantially fails at that, and the failure substantially contributes to the problem, the landlord's repair duty may not apply.

The Attorney General's guide adds that tenants may be charged for damage they cause. If you're unsure whether a pest problem came from your unit or the building, describe what you see in writing and let the landlord's pest company inspect.

What are the bed bug rules for California rentals?

California has a specific bed bug law, Civil Code §§1954.600 to 1954.605, added in 2016. Landlords may not show, rent or lease a vacant unit they know has a current bed bug infestation, though they aren't required to inspect without notice of a problem. Landlords must give tenants a written notice about bed bug signs and how to report them.

A Branch 2 pest control operator may inspect the unit and follow up in surrounding units until the bugs are gone, and tenants must cooperate and provide needed information. The landlord must give written notice of the operator's findings within two business days to tenants of inspected units, and to all tenants for infestations in common areas.

Can a landlord retaliate for reporting pests?

No. Civil Code §1942.5 protects tenants who complain about habitability, report problems to a government agency, or give notice of a suspected bed bug infestation in good faith. Within 180 days of those actions, a landlord generally can't evict, raise rent or cut services in retaliation, and a tenant can recover damages for retaliatory acts.

What must you be told about pesticides as a renter?

Before a registered pest control company applies pesticides, it must give written notice to both the owner and the tenant, listing the pest, the pesticides and their active ingredients, and a state caution statement (Business and Professions Code §8538). If the building has a periodic pest control contract, Civil Code §1940.8 requires the landlord to give each new tenant a copy of that notice.

For fumigation, occupants must sign a fumigation notice beforehand, and no one can re-enter until the company posts a re-entry notice.

What if your landlord won't deal with pests?

The Attorney General advises contacting your local code enforcement office, building department or health department, which can inspect and order repairs. Calling 211 or 311 can help you find the right office in some cities.

Be careful with self-help. The Attorney General warns that withholding rent can put you at risk of eviction, and that repair-and-deduct has requirements you must meet first. Get legal help before taking either step; LawHelpCA lists free and low-cost legal aid by county. This page is general information, not legal advice.

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Frequently asked questions

Do landlords have to pay for pest control in California?
Generally yes, because keeping a rental free of rodents and vermin is part of the landlord's habitability duty under Civil Code §1941.1. The landlord may not be responsible if the tenant's failure to keep the unit clean or dispose of garbage substantially caused the problem (§1941.2).
Can my landlord enter my apartment to treat for bed bugs?
Yes, with proper notice. Civil Code §1954.604 says entry to inspect for bed bugs must follow the normal entry rules in §1954, and treats inspection of units chosen by the pest control operator, plus follow-up inspections, as a necessary service. Tenants must cooperate and provide information the operator needs.
Can I hire an exterminator and deduct it from rent?
Maybe, but be careful. The California Attorney General says you may be able to repair and deduct, but you must meet certain requirements first or risk eviction. Report the problem to your landlord in writing first, keep copies, and get legal advice before deducting anything from rent.

Available across the Sacramento area

Sources

  1. California Civil Code §1941.1 (untenantable dwellings) — California Legislative Information
  2. California Civil Code §1941.2 (tenant obligations) — statute text — Public.Law (reproduction of the California Civil Code)
  3. California Civil Code §1940.8 (pest control notice to new tenants) — statute text — Public.Law (reproduction of the California Civil Code)
  4. AB 551 (2016), chaptered: Civil Code §§1954.600–1954.605 (bed bugs) and §1942.5 (retaliation) — California Legislature (leginfo.ca.gov)
  5. Know Your Rights as a California Tenant: Your Right to a Safe and Well-Maintained Home — California Department of Justice, Office of the Attorney General
  6. Household Pest Control: Questions and Answers — California Structural Pest Control Board
  7. Fumigation for Pest Control: Questions and Answers — California Structural Pest Control Board
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