Roaches, bed bugs, or rodents in your California rental: what the law requires
General information, not legal advice. Every situation is different. If you have a deadline or court papers, don't wait on a guide. Call (562) 644-4186.
Here is how I'd approach roaches, bed bugs, or rodents when the landlord isn't fixing it. This is general information, not advice about your situation.
What state law requires
Civil Code section 1941.1(a)(6) says a unit is untenantable if it substantially lacks a building, grounds, and appurtenances that were clean, sanitary, and free of rodents and vermin when the lease began, with all areas under the landlord's control kept that way. The same section also treats a unit as untenantable if it is substandard under Health and Safety Code section 17920.3. That list includes an infestation of insects, vermin, or rodents as determined by a health officer (or, in some places, a trained code enforcement officer), and premises where garbage, debris, or rodent harborages create a health or safety hazard.
Your side of the lease
Under Civil Code section 1941.2, a tenant has to keep their part of the unit as clean and sanitary as its condition permits and dispose of garbage in a clean and sanitary way. If a tenant's substantial violation contributes substantially to the problem, the landlord's repair duty under sections 1941 and 1942 may not arise. In my experience, landlords often blame a pest problem on the tenant's housekeeping, so photos that show a clean kitchen and proper trash storage are worth taking.
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Bed bugs have their own rules
- No renting known infestations. Civil Code section 1954.602 says a landlord may not show or rent a vacant unit the landlord knows has a current bed bug infestation. An infestation that is evident on visual inspection counts as notice.
- Written bed bug notice. Under section 1954.603, landlords must give tenants a written notice with information about bed bugs and the procedure for reporting a suspected infestation.
- Inspections and cooperation. Under section 1954.604, entry to inspect follows the entry rules in section 1954, and tenants must cooperate with the inspection.
- Findings in writing. Section 1954.605 requires the landlord to tell tenants of inspected units the pest control operator's findings in writing within two business days. For a confirmed infestation in common areas, all tenants get notice.
Civil Code section 1942.5 lists giving notice of a suspected bed bug infestation among the protected activities for its anti-retaliation rule.
Report it in writing
Use the reporting procedure in your bed bug notice or lease if there is one, and put the request in writing: what you are seeing, where, since when, and that you are asking for treatment. I suggest sending photos or a short video with the request and keeping a copy. My guide to documenting habitability problems has a simple system.
Treatment and pesticide notices
Business and Professions Code section 8538 requires a registered structural pest control company to give the owner and the tenant written notice of the pest to be controlled, the pesticides and active ingredients, and a state-required caution statement. For general pest control, the notice must be given no later than before the application. I recommend keeping every notice and writing down each treatment date, along with whether the problem came back.
Ask for an inspection
Your city's code enforcement office or the county health department can inspect. In the City of Los Angeles, LAHD takes complaints and also inspects rental properties with two or more units on a schedule through its Systematic Code Enforcement Program (SCEP) (opens in a new tab). If cited violations aren't corrected in the time allowed, LAHD can place the property in its Rent Escrow Account Program (REAP) (opens in a new tab), which reduces the rent by 10 to 50 percent depending on the violations and lets tenants pay the reduced rent into an escrow account. Under Civil Code section 1942.4, once an official has cited a substandard condition and it isn't fixed within 35 days, the landlord generally can't collect rent for that period, raise the rent, or serve a 3-day notice to pay rent or quit. Withholding rent on your own is risky; read my guide to rent withholding first.
When to talk to a lawyer
If the infestation is serious, keeps coming back, affects your health, or the landlord responds with a rent increase or a notice, get advice. In habitability matters I represent tenants only, never slumlord landlords. I conflict-check the property address and party names first.
Have ready: Photos · Written repair ask · Landlord/PM name
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Attorney advertising. This guide is general information about California law as of the date shown, not legal advice, and it may not reflect later changes or local rules. Reading it or contacting me does not create an attorney-client relationship. Results vary and no outcome is guaranteed. Better Call Vance, PC, Tyler Vance, CA Bar No. 318810, 3301 Michelson Drive, Suite 2107, Irvine, CA 92612.
