Legal Question in Landlord & Tenant Law in California

My wife and I are renting a home in a semi-rural area, where the typical lot size is 1 to 2 acres. The home we are renting does not have a garage.

We recently found that a rat had built a nest under the hood of our car, and chewed through wires and hoses in our car, causing a significant amount of damge (approx. $1000).

We have now notified our landlord of the problem with the rats, and that we fear that if something is not done to get rid of the rats or attempt to keep them away from our vehicles, that this problem will recur.

Does our landlord have any legal responsibility to attempt to reduce the risk of damage to our vehicles (from the rats) in exchange for the rent that we pay each month?

Please let us know your opinion and any pertinent legal precedents that you know of.

Thank you.


Asked on 1/09/10, 10:55 pm

1 Answer from Attorneys

When you are renting a property like that, wildlife come with the neighborhood. Rats are woodland creatures that have adapted to city living, but they live in rural and semi-rural areas as well. By law, landlords must keep their structures in a condition that prevents rodents from entering. They have no obligation to keep wildlife from entering the outdoor areas of the property. They also do not have an obligation to keep a single family structure rodent-free beyond blocking all points of entry. If the tenants thereafter leave doors open, or create other openings that allow rodents to enter, the tenants are responsible for the extermination costs. I researched this in some detail because I had a tenant who kept a bowl of dog food on the floor in a back utility room and then left the door open for the dog to come and go. Well so did rats which then began nesting in the house. The law was clear that she was responsible.

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Answered on 1/15/10, 2:06 pm


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