Legal Question in Real Estate Law in California

Re: Landlord Resposibilities

Landlords have a general obligation to keep their rented or leased properties 'tenantable.' This rather vague statutory term is defined to include control of rodents and vermin, but not other kinds of pests. See Civil Code section 1941.1(f).

Landlords can carry out the rodent and vermin control obligation in several ways, which might include spraying, but ordinarily what is expected is that they will keep the premises repaired and clean so the named kinds of pests are not attracted to the premises nor easily able to enter.

Re: Landlord Resposibilities

Generally, in residential rentals the landlord is required to provide premises that are habitable and tenantable. Insect and/or vermine infestation can make the premises uninhabitable and/or untenantable. There is no general requirement though for a landlord to have a commercial pest control contract. Nor is a landlord required responsible for failure to control these pests if the problem is caused by the tenant in some demonstrable way.

If you are having a dispute with a tenant over insect infestation, I suggest you seek the counsel and advice of an experience attorney, though, since these matters always fall in gray areas and a qualified lawyer will help you avoid potentially serious liabilities.

If you are in Southern California and seek help more specific to your actual circumstance, feel free to give us a call.