The California Civil Code, Chapter 2, Section 1940.8 and 1940.8.5 requires landlords to provide the following disclosures regarding pest control:
Licensed Pest Control Service
A landlord of a residential dwelling unit shall provide each new tenant that occupies the unit with a copy of the notice provided by a registered structural pest control company pursuant to Section 8538 of the Business and Professions Code, if a contract for periodic pest control service has been executed.
Dwelling Unit Pest Control Without a Licensed Operator
A landlord or authorized agent that applies any pesticide to a dwelling unit without a licensed pest control operator shall provide a tenant of that dwelling unit and, if making broadcast applications, or using total release foggers or aerosol sprays, any tenant in an adjacent dwelling unit that could reasonably be impacted by the pesticide use with written notice that contains the following statements and information using words with common and everyday meaning:
- The pest or pests to be controlled.
- The name and brand of the pesticide product proposed to be used.
- The approximate date, time, and frequency with which the pesticide will be applied.
- The following notification: “The approximate date, time, and frequency of this pesticide application is subject to change.”
- And the following statement: “State law requires that you be given the following information:
CAUTION – PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allow the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized.
If within 24 hours following application of a pesticide, a person experiences symptoms similar to common seasonal illness comparable to influenza, the person should contact a physician, appropriate licensed health care provider, or the California Poison Control System (1-800-222-1222).
For further information, contact any of the following: for Health Questions – the County Health Department (telephone number) and for Regulatory Information – the Department of Pesticide Regulation (916-324-4100).”
24 Hour Advance Notice
At least 24 hours prior to application of the pesticide to the dwelling unit, the landlord or authorized agent shall provide the notice to the tenant of the dwelling unit, as well as any tenants in adjacent units that are required to be notified, in at least one of the following ways:
- First-class mail.
- Personal delivery to the tenant, someone of suitable age and discretion at the premises, or under the usual entry door of the premises.
- Electronic delivery, if an electronic mailing address has been provided by the tenant.
- Posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice.
Upon receipt of written notification, the tenant may agree in writing, or if notification was electronically delivered, the tenant may agree through electronic delivery, to allow the landlord or authorized agent to apply a pesticide immediately or at an agreed upon time.
Tenant Request for Immediate Pesticide Application
Prior to receipt of written notification, the tenant and the landlord or authorized agent may agree orally to an immediate pesticide application if a tenant requests that the pesticide be applied before 24-hour advance notice can be given. The oral agreement shall include the name and brand of the pesticide product proposed to be used.
With respect to a tenant entering into an oral agreement for immediate pesticide application, the landlord or authorized agent, no later than the time of pesticide application, shall leave the written notice in a conspicuous place in the dwelling unit, or at the entrance of the unit in a manner in which a reasonable person would discover the notice.
If any tenants in adjacent dwelling units are also required to be notified pursuant to this section, the landlord or authorized agent shall provide those tenants with this notice as soon as practicable after the oral agreement is made authorizing immediate pesticide application, but in no case later than commencement of application of the pesticide.
Common Area Pest Control Without a Licensed Operator
A landlord or authorized agent that applies any pesticide to a common area without a licensed pest control operator, excluding routine pesticide applications, shall post written notice in a conspicuous place in the common area in which a pesticide is to be applied that contains the same information as required in a dwelling unit application. The notice shall remain posted for at least 24 hours after the pesticide is applied.
If a landlord or authorized agent will routinely apply pesticide in a common area on a set schedule without a licensed pest control operator, he or she shall provide new and existing tenants with written notice that includes the schedule pursuant to which the pesticide will be routinely applied.
Note: Landlords and their authorized agents are not liable for any notice removed from a common area without the knowledge or consent of the landlord or authorized agent.
Added by Stats. 2015, Ch. 278, Sec. 2. (SB 328) Effective January 1, 2016.
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