Saturday, February 6, 2010

Who is responsible for pest control (single home), landlord or renter?

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?Who is responsible for pest control (single home), landlord or renter?
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/landl鈥?/a>





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.





(continued at link)Who is responsible for pest control (single home), landlord or renter?
In all the gibberish this person gave you -no where did it support the claim that the landlord is responsible for outside the unit. The ';unit'; is defined as the inside and Exterior of the building structure not the grounds. Unless there is a dangerous or obvious hazard due to the landlord.

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Depends on how the lease is written. Typically inside the house belongs to the tenant, and outside to the landlord, unless the tenant's activities have caused the infestation.





Keep in mind also that pest control chemicals, especially preventive types are VERY toxic. If you have children or pets and can avoid them in any practical way that is the best possible solution. There are natural controls and repellents that are both non-toxic and quite effective. These include the herb Pennyroyal, citronella oil and similar materials. And diatomaceous earth is an excellent pesticide albeit a bit slow-acting. Be careful of the latter as it is indiscrimminate and will kill every insect or arthropod that it touches beneficial or otherwise - but is entirely harmless to anything with a backbone. Cheap too.





And powdered Boric Acid mixed equally with powdered sugar will discourage (and eventually kill) ants, roaches and other crawling insects inside your house - although it is a bit messy when applied (in a line along baseboards and on window and door sills). All of them are better than chemicals and if done correctly last a good deal longer as well.
You are, I am sure. It is natural to have these little creatures OUTSIDE your rented home. If you do not like it, smoke 'em out and pay the bill.





If there exists some very noticeable deficiencies in the building that allow insects to enter the home -your landlord is responsible to fix them.





If the little creatures try follow you in through the door - tell them they are not invited and they will have to leave, but don't be rude because there are more of them than there are of us!





The person below has provided a fantastic source for you but having a habitable home does not mean that the outside environment has to be an insect free zone. Be reasonable.


I would understand if you had bees in the walls due to openings in the siding. I would also say if the landlord stores junk, wood, debris, garbage against your house which draws excess insects or rodents he would be responsible. But Not for normal occurrences.
Usually in a single home and not an apartment complex something such as pest control is up to the tenant, especial if it is not a problem and your just looking for prevention. I would recommend the electronic pest repelers. I have them in my house when there was a problem and have not had any trouble since. If you do go this route, buy the more expensive ones they are worth the $$.
In England the landlord is responsible for all upkeep/maintenance of the property, including infestations.





However you say there not inside yet, so no, its your responsibility as they are not yet a ';threat';
It would depend on the agreement between the landlord and the tenant. What the lease says about it if there is a lease.
it depends on your agreement but usually the landlord.
The landlord does not have to provide pest control outside of your unit.
in the state of texas it is manditory on the landlords dime
your landlord does not have to provide pest control unless it is written in your lease.
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