CA "Habitable" law vs. Tenant pest control in lease? : ezLandlordForms

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Jean M

started a topic about 4 years ago

I have a property in San Diego, CA with a detached single car garage that mice from nearby canyon have made a home in the garage and possibly the tenants items stored in the garage. There is no issue in the home itself. The home and separate garage were pest free after being fumigated last year before they moved in. We have a clause in the lease agreement making all pest management the tenants responsibility, with the exception of termites, the latter of which they negotiated into the lease terms. However, recently the tenant has pushed back on this term after discovering the mice in the detached garage, establishing a written record of communications stating the risk to their health of exposure to due to hantavirus and rodent nesting. I had a licensed pest control company provide a proposal which they would trap kill the mice in the garage for $550 and set bait boxes around the perimeter for another $250, + $35/mo maintenance program. They would not guarantee this will stop the mice long term as the garage door does not completely secure along the sides. The old fashioned design of the original garage door has likely never been able to secure the garage from mice. After reviewing the full cost of the service proposal, I informed the tenant to set traps and bait boxes themselves, as I do in our home, offering to reimburse them the initial cost of the bait boxes and traps. California law makes the landlord responsible for "habitability" allowing tenant damages of one months rent for failure of the landlord to act. Does CA law circumvent the terms of the lease where tenant agrees to pest control management?

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Scott H

said about 4 years ago

Best to talk to a lawyer. I would think you could do the service from the pro company and bill the tenant since they are responsible for pest management and failed to act. Again this is CA so the advice of a legal professional might be the best way to go.

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John K

said about 4 years ago

Florida statutes also define habitable as it relates to health issues related to pests, ie, rodents, roaches, bed bugs. The statutes also define the difference between single family rentals, duplexes and multifamily units and the tenant responsibilities as well. Many tenants will assume responsibility for pest control but not when it comes to rodents. I believe the law would be over you and the lease especially if rodents are not addressed in the lease. I believe even then the tenants would push back. The lawyer advice is probably not bad advice. My advice would be to deal with the mice. You could probably face legal issues and it would cost far more than one months rent. Regardless whether the proposed treatment will eradicate the mice you would be acting in good faith. Even then your tenants could accuse you of putting their health at risk.