- A California landlord must keep each rental property in "habitable" condition. The state's laws regarding an implied warranty of habitability come from sections 1941 and 1941.1 of the California Civil Code. The implied warranty explains the living conditions which a tenant may expect from a rental home. Landlords must maintain clean and sanitary properties free from infestation by vermin and rodents. Local or city ordinances may also apply. When a rental home becomes uninhabitable according to the standards in state and local laws, the landlord generally has a responsibility to fix the problem.
- When a rental property becomes uninhabitable, such as through a bug infestation, the tenant should understand his legal options under California law. The Legal Aid Society of San Mateo recommends that the tenant document the infestation with time-stamped photos, if possible, and send a letter to the landlord with an explanation of the bug problem. If the landlord refuses to take action, the tenant can request an inspection from a city or county official. The tenant may be able to sue the landlord for financial damages incurred from the infestation due to a breach of the implied warranty of habitability. The tenant may also file a claim in a California small-claims court to request a court order requiring the landlord to address the bug infestation. A tenant who would like to withhold rent due to a bug infestation should understand that the landlord may be able to start eviction proceedings, also known as an unlawful detainer, under California law. The tenant may wish to consult with a California housing law or landlord-tenant law attorney before deciding how to proceed.
- Under California law, landlords must make specific disclosures to tenants. These include information regarding pest-control treatments on rental properties. Some landlords hire pest-control companies to perform regular treatments to prevent infestations on their rental properties. The pest-control company must provide the landlord with a list of the chemical pesticides to be applied to the premises. The landlord must provide each tenant with a written notice of the pesticides identified by the pest-control company.
- Tenants should understand their rights regarding the return of their security deposits after they move out. A landlord may deduct "reasonable cleaning costs" when the tenant does not leave the residence at the same level of cleanliness as when the tenant moved in. According to the California Department of Consumer Affairs, a landlord may deduct cleaning or extermination costs from a tenant's security deposit when the tenant's pet animals left fleas in the residence.
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