Mold, pests and bed bugs in a California rental: what the landlord must fix

What the law requires

Civil Code § 1941.1 lists the basic standards a rental must meet. One of them is that the building and grounds are kept clean and free of debris, garbage, rodents and vermin at the start of the tenancy, and that the landlord maintains the parts of the building under the landlord's control in that condition. The Health and Safety Code also treats an infestation of insects, vermin or rodents, and visible mold growth that a health or code enforcement officer finds, as conditions that can make a building substandard. Minor mold on surfaces that normally get wet, such as a shower tile, is generally not enough by itself.

The tenant has duties too. You must keep your own part of the unit reasonably clean, dispose of garbage properly and use plumbing and fixtures as intended. When a problem is caused by the tenant's own conduct, the landlord's duty to repair may not apply, which is why documenting the cause can matter.

Bed bugs have their own rules

Under Civil Code §§ 1954.600 to 1954.605, a landlord may not show or rent a vacant unit that the landlord knows has a current bed bug infestation. Landlords must give tenants a written notice with general information about bed bugs and how to report them. A landlord may enter to inspect for bed bugs with proper notice under the entry rules, and must tell affected tenants the results of an inspection by a pest control operator within a short time after receiving them.

Tenants are expected to cooperate with inspections and treatment, for example by preparing the unit as the pest control operator asks. Who pays for replacing your own furniture or clothes is a separate question that depends on the facts, so keep receipts and photos.

How to report the problem

Write to your landlord or property manager, describe the problem, when you first noticed it and where it is, and ask for a repair by a reasonable date. Keep a copy. Take dated photos and videos, and keep any reports from pest control or a doctor. If the landlord does not respond, contact your city or county code enforcement or environmental health office and ask for an inspection. An official inspection report is strong evidence.

If a public agency cites the unit as substandard and the landlord does not fix it within the time the law allows after notice, Civil Code § 1942.4 can limit the landlord's right to collect rent or raise it while the violation continues. The exact conditions are technical, so ask an attorney before relying on it.

• Report in writing and keep copies of every message.
• Photograph the problem with dates, including droppings, stains or bites.
• Ask for a code enforcement or health inspection if nothing happens.
• Do not stop paying rent without legal advice.

Rent withholding, moving out and retaliation

Withholding rent or using repair and deduct is possible only in limited situations, and if a court later disagrees, you may face an eviction for nonpayment. Moving out because a unit is uninhabitable may also raise questions about the lease and the deposit. Get advice before taking either step.

A landlord may not retaliate against you for complaining about conditions or contacting an inspector, for example by raising the rent, reducing services or starting an eviction soon after your complaint (Civil Code § 1942.5). Keep records of the timing.