Pest Control

We rent a home in Millbrae,CA and have noticed a lot of ants, spides and earwigs outside of our home. We do not want them to come inside and need to get Pest Control.

Who is responsible for such bill?

This is the link for California’s Department of Consumer Affairs, and specifically for Tenants.

Basically, the landlord is responsible; but I would review this information, because, if the insects are there due to your negligence (not cleaning up, etc.), the landlord can refuse based on your failure to keep up with your tenant responsibilities.

Before you call anyone, I would recommend you contact your landlord, because, even if they are responsible, I’m sure if they handle the situation properly, they already have their own contacts ….. rather than be surprised with a bill from their tenant, for something they were unaware. And, it’s in the landlords best interest to address the situation before it become a problem inside the dwelling.

There are references to legal cases at the link. I hope you get the situation resolved soon.

http://www.dca.ca.gov/publications/landlordbook/problems.shtml#repairandhabitability

REPAIRS AND HABITABILITY
A rental unit must be fit to live in; that is, it must be habitable. In legal terms, "habitable" means that the rental unit is fit for occupation by human beings and that it substantially complies with state and local building and health codes that materially affect tenants’ health and safety.116

California law makes landlords and tenants each responsible for certain kinds of repairs, although landlords ultimately are legally responsible for assuring that their rental units are habitable.

Landlord’s responsibility for repairs

Before renting a rental unit to a tenant, a landlord must make the unit fit to live in, or habitable. Additionally, while the unit is being rented, the landlord must repair problems which make the rental unit unfit to live in, or uninhabitable.

The landlord has this duty to repair because of a California Supreme Court case, called Green v. Superior Court,117 which held that all residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit’s habitability.118 That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes.119 However, the landlord is not responsible under the implied warranty of habitability for repairing damages which were caused by the tenant or the tenant’s family, guests, or pets.120

Generally, the landlord also must do maintenance work which is necessary to keep the rental unit liveable.121 Whether the landlord or the tenant is responsible for making less serious repairs is usually determined by the rental agreement.

The law is very specific as to what kinds of conditions make a rental uninhabitable. These are discussed below.

Tenant’s responsibility for repairs

Tenants are required by law to take reasonable care of their rental units, as well as common areas such as hallways and outside areas.

Tenants must act to keep those areas clean and undamaged. Tenants also are responsible for repair of all damage that results from their neglect or abuse, and for repair of damage caused by anyone for whom they are responsible, such as family, guests, or pets.122 Tenants’ responsibilities for care and repair of the rental unit are discussed in detail below.

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