Do Landlords Have to Notify Tenants Before Pest Control in California?
Two short California laws cover it, depending on who applies the product. Here is what each one requires, side by side.
Yes. When a registered pest control company does the work, Business and Professions Code section 8538 requires the company to give the owner or agent and the tenant a written notice before applying any pesticide, naming the pest, the product and its active ingredients, with 48 hours' notice for a fumigation; under a periodic contract, Civil Code section 1940.8 requires the landlord to give each new tenant a copy. When a landlord applies pesticide personally without a licensed operator, Civil Code section 1940.8.5 requires written notice to the tenant at least 24 hours before, and to adjacent units for broadcast, fogger or aerosol applications.
Local help: Managing rentals in the San Gabriel Valley? We provide the section 8538 notice on every job and keep dated service records for your file. Call or text (626) 409-1584 or request a proposal.
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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. For exterior pest control services, Board regulation 16 CCR 1970.41 defines that conspicuous place as heavily frequented common areas, including the on-site manager's office or unit, all multi-unit mailboxes, laundry rooms and community rooms. 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. Once notified, a tenant may agree in writing, or electronically if the notice was sent that way, to an immediate or agreed-upon application; a tenant who asks for treatment before 24 hours' notice can be given may agree orally, and the landlord must then leave the written notice in the unit or at its entrance no later than the application. Outside common interest developments, a landlord who treats a common area without a licensed operator must post the notice in a conspicuous place in that area before the application and leave it up for at least 24 hours afterward, and a routine common-area schedule must be given in writing to existing tenants before the first application and to each new tenant before the lease is signed.
Side by side
| Feature | Registered company (B&P 8538) | Landlord applying it themselves (Civil Code 1940.8.5) |
|---|---|---|
| Who gives the notice | The pest control company | The landlord or authorized agent |
| Who receives it | Owner or agent, and the tenant | The tenant, plus adjacent units for broadcast, fogger or aerosol applications |
| Timing | Before application (48 hours for fumigation) | At least 24 hours before |
| What it must say | Pest, pesticide and active ingredients, state caution statement, frequency if periodic | Pest, product name and brand, state caution statement, approximate date, time and frequency |
| How it can be delivered | Mail or email, posting on the property, personal delivery | Mail, personal delivery, email if provided, posting at the unit entry |
| Repeat notices | Initial treatment only under a periodic contract; again if the pesticide changes | The notice gives the approximate date, time and frequency; a tenant can agree to an immediate or agreed-upon application, but still receives the written notice |
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 standard in Civil Code section 1941.1: building and grounds free of rodents and vermin when the lease begins, and every area under the landlord's control kept that way. 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
- Structural Pest Control Board: Structural Pest Control Act and Rules and Regulations (updated July 2025), incl. 16 CCR 1970.4, 1970.41, 1970.42
- California Civil Code § 1954 (landlord entry and notice)
Common Questions
Quick Answers.
Does a landlord have to notify tenants before pest control in California?
Yes. If a registered pest control company does the work, the company must give both the owner and the tenant a written notice before applying any pesticide (Business and Professions Code section 8538), and under a periodic contract the landlord must give each new tenant a copy of it (Civil Code section 1940.8). If the landlord applies pesticide personally, Civil Code section 1940.8.5 requires written notice to the tenant at least 24 hours before.
How much notice is required before pesticide is applied to a rental?
A registered company must give its written notice before the application, and at least 48 hours before a fumigation unless the fumigation follows the inspection by less than 48 hours. A landlord applying pesticide without a licensed operator must give at least 24 hours' written notice, and must also notify tenants in adjacent units who could reasonably be affected by broadcast, fogger or aerosol applications.
What does the pest control notice have to say?
The pest to be controlled, the pesticide and its active ingredients (or, for a landlord's own application, the product name and brand), and the state's standard caution statement with the numbers to call. A company's notice under a periodic contract also says how often treatment will occur; a landlord's own notice gives the approximate date, time and frequency of the application, with a line saying those are subject to change.
Can a tenant refuse pest control?
The notice laws are about information and timing, not consent. Under section 1940.8.5 a tenant can agree in writing to an immediate or agreed-upon application, or ask orally for an immediate one, but the statute does not give a right to block treatment. Entry to the unit falls under Civil Code section 1954, and section 1940.8.5 says it does not authorize entry in violation of that section; how your lease applies is a question for your attorney.
Who is responsible for the notice when I hire a pest control company?
The company. Section 8538 puts the duty on the registered company to notify both the owner or agent and the tenant. Under section 1940.8, the landlord's own duty is to give each new tenant a copy of that notice if a periodic pest control contract exists; keeping a copy on file makes that easy.
Does a landlord have to give notice to enter a unit for pest control?
Generally yes, and it is a separate notice from the pesticide notice. Civil Code section 1954 lets a landlord enter to make necessary or agreed repairs or supply necessary or agreed services, normally with reasonable written notice of the date, approximate time and purpose, during normal business hours; 24 hours is presumed reasonable, or six days if the notice is mailed. No written notice is needed in an emergency, when the tenant is present and consents at the time, or when the tenant orally agrees to an entry for agreed services within one week, and section 1940.8.5 itself says it does not authorize entry that violates section 1954.
Do tenants get a notice after a pest control service, too?
Yes, when a registered Branch 2 or Branch 3 company does the work. Since January 1, 2025, Structural Pest Control Board regulation 16 CCR 1970.42 requires a post-application notice right after the service visit; for interior work in a unit of a multi-unit building it must be left on the unit's door or inside next to the door, and otherwise it goes to the occupant, owner or agent in person, by first-class mail, or by email if they agreed to that in writing. It can be a door hanger or invoice listing each pesticide applied, the date of service and the company's name, address and phone number, and the company must give anyone who asks within three years the name of each pesticide applied, within 24 hours of the request.
What notice do tenants get before a termite fumigation?
Under section 8538 the registered company's written notice must be given at least 48 hours before a fumigation, unless the fumigation follows the inspection by less than 48 hours. Board regulation 16 CCR 1970.4 also requires the prime fumigation contractor to hold an Occupant Fumigation Notice and Pesticide Disclosure form signed by the occupant, or by the owner or agent, stating that a lethal gas will be used on the indicated dates and that no one may return until the licensed fumigator posts a certification notice for reentry. In a multi-unit building, the owner, manager or agent may collect the occupants' signatures on the contractor's behalf.
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About the Author
Joshua A. Westad is the owner and licensed operator of ExterMetro Termite and Pest Control in Arcadia, CA. He holds California SPCB Company Registration #8828 (Branch 2 & 3), is a licensed WDO inspector, and has worked San Gabriel Valley homes and businesses for over twelve years — hands-on in the field on every kind of job the valley throws at him.
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