Do Landlords Have to Notify Tenants Before Pest Control in California?

Yes, and California spells out exactly how, in two different laws depending on who applies the product. One covers a registered pest control company working at a rental. The other covers a landlord who applies pesticide without a licensed operator. Both are short. Here is what each requires, in plain English, with the sections linked below.

When a registered company does the work: B&P Code section 8538

Before applying any pesticide, a registered structural pest control company must give the owner or the owner's agent and the tenant a clear written notice that states the pest to be controlled, the pesticide and its active ingredients, the state's standard caution statement with the phone numbers to call, and, if there is a periodic service contract, how often treatment will be done. For general pest and termite work (Branch 2 and 3) the notice must be given no later than before the application; for a fumigation (Branch 1) it must be given at least 48 hours before, unless the fumigation follows the inspection by less than 48 hours. It can be delivered by mail or email, by posting in a conspicuous place on the property, or in person. Under a periodic contract the notice is only required at the initial treatment, and again if the pesticide changes.

That notice is the company's duty, not the landlord's. When we treat a rental, we provide it. The landlord's duty under Civil Code section 1940.8 is to give each new tenant a copy of that notice if a periodic pest control contract exists for the unit.

When a landlord applies pesticide without a licensed operator: Civil Code section 1940.8.5

A landlord or property manager who applies a pesticide to a unit themselves must give the tenant written notice at least 24 hours before the application. The notice must state the pest, the name and brand of the product, the state caution statement, and the approximate date, time and frequency of the application, with a line saying those are subject to change. If the application is a broadcast application over more than two square feet, a total-release fogger or an aerosol spray, tenants in adjacent units that could reasonably be affected must be notified too. Delivery can be by first-class mail, personal delivery, electronic delivery if the tenant has provided an email address, or a notice posted at the unit entry. A tenant may agree in writing to an earlier application.

Side by side

What this looks like in practice

• Tenant reports ants; the landlord hires us. We give the written notice to the owner or manager and to the tenant before we apply anything. Nothing for the landlord to draft.
• Landlord has a recurring program with us. We give the notice at the first treatment; the landlord hands a copy to each new tenant at move-in, per section 1940.8.
• Landlord buys a spray at the hardware store and treats the unit personally. Section 1940.8.5 applies: 24 hours' written notice with the product name and the caution statement, and adjacent units if it is a fogger or a broadcast spray. In our experience that is the point where most landlords decide to hire it out.

None of this changes who pays. Our landlord or tenant guide covers that, including the habitability duty in Civil Code section 1941.1 to keep the premises free of vermin. This is general information, not legal advice; have your own counsel confirm how it applies to your lease.

Sources

• California Business and Professions Code § 8538 (written pesticide notice by the registered company to owner and tenant)
• California Civil Code § 1940.8 (landlord must give new tenants a copy of the pest control notice under a periodic contract)
• California Civil Code § 1940.8.5 (notice when a landlord applies pesticide without a licensed operator)
• California Civil Code § 1941.1 (habitability: premises free of vermin)
• California Structural Pest Control Board