Imagine if you will, your messy tenant who is behind on rent just sent you a maintenance request reporting a mouse or bed bug infestations on the property. You think to yourself there have never been any other complaints about rodents or different pests. The other tenants who are current on rent aren’t complaining.
If there are any pests on the property it is probably because of the way they keep their apartment. Your gut is telling you not to do anything except ignore their request. Well, you better think twice. I’ll explain.
Who’s Responsible for Pest Control?
In California, pest control is primarily the landlord’s responsibility. This falls under the “implied warranty of habitability” where a landlord must maintain residential rental units in habitable condition for the entirety of the rental agreement. In fact, “rodents and vermin” are specifically named in California Civil Code § 1941.1.
California Department of Justice states in a Consumer Alert that “your landlord must provide adequate pest control for rodents (like rats) and insects (like roaches and bed bugs).”
Does the Tenant have Pest Control Responsibilities?
Yes, the tenant does have some responsibilities for mitigating pest infestations. California Civil Code § 1941.2 also known as the “Tenant’s Duty of Habitability” states that tenants are required to keep their rental properties “clean and sanitary”. However, if landlords are in front of the judge trying to make the case that the pest problems are due to the tenant not keeping to their duty of habitability, they will want to show that they made every effort to do their part.
What if the Pest Control Responsibility is Named in Lease Agreements?
Some pest control costs can be allocated to the tenant if included in the agreement in certain specific situations with single-family houses. A landlord just wants to be careful and resist the temptation to get too creative. There is no clever trick or phrase a landlord can put in a lease that will get them around their legal obligation as a Housing Provider.
However, if landlords are leasing a single-family house they may be able to have the tenant pay for the periodic pest treatments but they have to be careful. The CAR Lease Agreement updated 12/23 has a provision giving the option where either the Housing Provider or Tenant shall pay for Periotic Pest Control, depending on the box a landlord checks. If no box is checked, then no periodic pest control is promised but all duties of habitability remain for both tenant and landlord.
Please note that the CAR Lease Agreement specifically states that “this obligation shall only be applicable if the Premises is a house and the periodic pest control treatment is being provided at the execution of this Agreement.” It then asks the Housing Provider to state the current cost of treatments being provided.
Even if landlords choose to pass on that expense to the tenant they will still have the obligation to help with additional pest control needs if there's another pest problem. Landlords can also tell from the language in the CAR Lease Agreement that this option does not apply to multi-family rental properties.
Even if a landlord has a pest control clause for a single-family house that requires the tenant to pay an outside company – this can create extra complications. A landlord may want to consider paying to remedy the pest issue themself and building it into the rent if pest control is a consistent issue at their rental property.
What if the Tenant Is Behind in Their Rent?
If the tenant is behind in rent or there is any friction at the rental property, landlords will want to be diligent in responding to pest complaints while taking extra care to document their efforts.
A false pest report is the oldest trick in the book, so don’t be fooled. Landlords shouldn't forget that the presence of pests can be hard to prove or disprove but their actions or lack thereof are easy to show. This is why landlords need to be diligent with documentation.
Who knows, there may be a long-existing pest problem on the property but landlords' tenants might not report it until they want out of their lease or can’t afford their rent. Habitability complaints are a potential way to break leases, stall evictions, and sometimes obtain relocation assistance. This is why housing providers need to be careful and take it seriously.
Bottom Line
In California, pest control is generally the Landlord’s responsibility as they have an “implied duty of habitability”. The tenant also has the duty of habitability to keep the property reasonably clean and sanitary. However, the burden of proof will be on the landlord, and in today’s tenant-friendly legal system, you want to make sure you have a strong case.
A housing provider may be able to pass the cost of periodic pest control to the tenant in a single-family house provided it’s done correctly. But it may make more sense for the landlord to pay for pest control where needed and have it included in the rent.
Pest complaints should always be taken seriously, especially in situations where there may be other issues with the tenant. However, diligent landlords who do their part and document everything have nothing to worry about.
This Is Not Legal Advice
This is not legal advice. We are not attorneys. For legal advice, a landlord should seek the advice of an actual attorney. For legal advice regarding landlord-tenant matters, you should seek advice from an attorney specializing in landlord-tenant law. Preferably near the location of the property. Rules can vary a lot depending on the local laws.
For Real Estate Advice
If you are a landlord looking for a reliable property management company or real estate broker in Long Beach, Los Angeles, or Orange County, California; or you are just considering it and have a few questions about real estate contact the Mike Dunfee Group today! We are happy to help.
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