Legal Question in Landlord & Tenant Law in California

Absent a local ordinance, the rent abatement is their compensation.

California Civil Code 1941.1 addresses uninhabitable property. Subsequent sections discuss tenant remedies. There is no question the premises are uninhabitable. First you cannot demand rent. Secondly in addition, you are liable for tenants' damages -actual damages and special damages. Actual damages would include hotel rental. Special damages would include the extra expense of having to buy restaurant food as opposed to home cooking. Additional actual damages may include food, furniture, and clothing that may have had to been destroyed by the fumigation and additional special damages such as transportation costs to the hotel.

Therefore you would do well by agreeing aforehand with your tenants as to reasonable housing and food costs than later being sued for your tenants' damages and risking further that a judge may find that the premises were uninhabitable for a longer time due to the infestation. The agreement between you and the tenants should be in writing and include language in which the tenants specifically waive their rights under the cited statute. Contact me directly for assistance.