Who Is Responsible for Rodent Control in a Rental Property: Tenant or Landlord?

Rodents aren’t just a nuisance; they pose serious health and safety risks. If you're a landlord or tenant in California, you might be wondering: who is legally responsible for dealing with a rodent infestation in a rental property?

Don’t get trapped like a rat in a habitability dispute.

At Realicore, we’re committed to educating our clients on their rights and responsibilities when it comes to property maintenance and habitability. Here's what California law says and what it means for you.

Disclaimer: The information provided in this article is for general informational purposes only and is not intended as legal advice. Realicore is not a law firm and does not provide legal services. You should not rely on this content as a substitute for professional legal advice or representation. For questions about your specific situation, please consult a qualified attorney or legal professional.

Understanding the Law: California Civil Code §1941.1

Under California Civil Code §1941.1, landlords are required to ensure that a rental unit is “fit for human occupancy” and free from conditions that would endanger the health and safety of tenants. Specifically, the law states that a dwelling must be free from “vermin,” which includes rodents like rats and mice.

This means that landlords have a legal obligation to address rodent infestations when they pose a habitability issue.

When Is the Landlord Responsible for Rodent Control?

In most cases, the landlord is responsible for:

Rodents present at the start of the tenancy
Infestations caused by structural issues (such as holes, cracks, or poor sealing)
Pest issues that affect multiple units in a building
Situations where the rodent infestation makes the unit legally uninhabitable
- To be safe, we recommend hiring a licensed rodent control company if signs of rodents are visible anywhere within your property lines including in detached buildings such as garages or even sheds.
- If the property is being rented for commercial uses such as agriculture, then you may be able to have the tenant be the responsible party to handle rodent infestations, but any rodent situation that involves some sort of residential use, typically falls under landlord responsibility.

Landlords must not only fix the problem but also maintain the premises in a rodent-free condition. Failing to do so may entitle tenants to withhold rent, request repairs, or even terminate the lease.

When Is the Tenant Responsible?

There are cases where tenants may be responsible financially for pest control, including rodents, especially if:

The infestation is due to poor housekeeping (such as leaving food out or not taking out the trash)
The tenant fails to report the issue promptly
The lease clearly specifies that the tenant is responsible for certain types of pest control (though this cannot override habitability standards)

A tenant’s actions contributing to the presence of rodents does NOT eliminate a landlord’s responsibility to provide rodent control services, but if the tenant’s behavior caused or worsened the rodent problem, they may be held financially responsible for remediation.

Best Practices for Landlords and Tenants

To avoid disputes and maintain a healthy rental environment, we recommend the following:

For Landlords:

Conduct regular inspections and seal potential entry points
Respond promptly to tenant reports of rodent activity
Hire licensed pest control professionals when needed
Document all communications and actions taken

For Tenants:

Keep the unit clean and food properly stored
Report rodent sightings immediately
Cooperate with pest control efforts
Review your lease agreement for pest-related clauses

Don’t let a small issue become a big issue.

Final Thoughts

At the end of the day, rodent control is a landlord's responsibility under California law, especially when it impacts the habitability of the property. However, tenants also play a role in maintaining a clean environment and reporting issues quickly. Tenants may be financially responsible if it can be easily proven that the rodent conditions were worsened due to their actions.

If you're a landlord looking to stay compliant and protect your investment, the team at Realicore Property Management is here to help. Our proactive approach helps to reduce your liability as a landlord in California. Contact us today for more information.

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