Most of the guidelines for specific situations regarding tenant-landlord responsibility seem to be vague here in the LA County area. Oftentimes landlords are as oblivious as their tenants regarding the rules and regulations, but honestly it’s not very clear to begin with. After careful research looking for reputable, citable resources, here are some things both landlords and tenants should keep in mind when it comes to pest control, bed bugs, property damage from pests and the overall issue of pests on rented property.
Tenants Who Are Moving In
According to Civil Code 1940.8, new tenants are to be notified if the property is currently receiving pest control by the landlord. The landlord must also provide documentation of the services provided as well as the names and details regarding pesticides used on the property. All of this information can be retrieved from the pest control provider. Pest control companies are required to leave documentation regarding what products were used at the time of service. The pest control provider is required to retain the information regarding what pesticides have been used on the property, their records are always available if there are any questions or concerns.
The tenant must be notified that the property receives pest control before completing the occupation process if applicable.
Landlord Responsibility on Specialty pests
Here’s where things can get real messy, real quick. California civil codes 1941-1941.1 list some of the responsibilities of the landlord regarding living conditions on the property. Listed are quite a few instances where a property can legally be deemed “untenantable,” meaning that action must be taken to get the unit back up to standards.
An example would be if the previous tenants had left a room infested with bedbugs, the landlord is then responsible for eradicating the infestation upon discovery. A living space is deemed untenantable if any areas that were directly under the control of the landlord became riddled with any of the following issues (taken directly from Civ Code 1941.1(6)): all accumulations of debris, filth, rubbish, garbage, rodents, and vermin. “Vermin” can refer to various pests in our industry, including but not limited to: fleas, termites, bed bugs and cockroaches; those guys are our bread and butter.
To put it simply, if it’s not the tenant’s fault that the property became infested, then it is the landlord’s responsibility.
Tenant Responsibilities
It may sound like the landlord is responsible for taking care of almost anything, fortunately for them, the tenant isn’t quite off the hook. There are still plenty of instances where the problem is the tenant’s responsibility. According to the California Tenants and Landlords handbook, any problems caused by a tenant’s abuse and neglect are under the tenant’s responsibility to fix. A good example would be if a unit got infested with cockroaches due to the tenant having poor cleanliness in the unit. Tenants who are too lazy to throw out their trash, clean their dishes and keep up with basic hygienic maintenance may find themselves paying out of their own pockets to take care of their inevitable cockroach infestation.
Download the California Tenants and Landlords handbook:
California Tenants and Landlords handbook
As a tenant, and as a decent human being, they are required to keep up general well-keeping of any property being rented out if they want to remain under the protection of laws that would entitle the landlord to take care of property issues. Any neglect or abuse of the property by the tenant or allowed by the tenants that could cause an infestation of any household or specialty pest will be deemed the tenant’s responsibility.
This same handbook states on pages 39-40:
“Even if a rental unit is unlivable because of one of the conditions listed above, a landlord may not be legally required to repair the condition if the tenant has not fulfilled the tenant’s own
responsibilities. In addition to generally requiring a tenant to take reasonable care of the rental unit and common areas, the law lists specific things that a tenant must do to keep the rental unit livable. Tenants must do all of the following:
• Keep the premises “as clean and sanitary as the condition of the premises permits.”
• dispose of trash and garbage in a clean and sanitary manner.
• not destroy, damage, or deface the premises, or allow anyone else to do so.
• use the premises as a place to live, and use the rooms for their intended purposes. For example, the bedroom must be used as a bedroom, and not as a kitchen.
However, a landlord may agree in writing to clean the rental unit and dispose of the trash. if a tenant violates these requirements in some minor way, the landlord is still responsible for providing a habitable dwelling, and may be prosecuted for violating housing code standards. if the tenant fails to do one of these required things, and the tenant’s failure has either substantially caused an unlivable condition to occur or has substantially interfered with the landlord’s ability to repair the condition, the landlord does not have to repair the condition. however, a tenant cannot withhold rent or has no action against the landlord for violating the implied warranty of habitability if the tenant has failed to meet these requirements.”
In Conclusion (tl;dr)
If the problem wasn’t caused by an (obvious) amount of abuse, or neglect by the tenant, then it is the landlord's problem and responsibility. Anything that is completely outside of the tenant’s ability have any effect on is the landlord’s responsibility (i.e. previous tenants who left behind issues, weather, neighbors, birds, structural damage, etc.).
Honestly though, if the tenant is a nice guy to the landlord and they keep a good relationship with the tenant, most of these issues will take care of themselves. Just don’t be a jerk and it won’t get out of control.
Keep in mind that Expert Pest Control is in no way legally certified to examine or determine official legal situations regarding tenant-landlord relations. Seriously, I’m just some minimum wage blogger guy. Please don’t take my word as a lawyer’s.
Resources used:
California Tenants and Landlords Handbook
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&group=01001-02000&file=1940-1954.1
http://www.landlordology.com/california-landlord-tenant-laws/
