Calif. Civil Code §1940.8.5
Added by S.B. 328
Effective date: January 1, 2016

A residential landlord or property manager who applies pesticides on residential rental property without hiring a licensed pest control operator needs to provide written notice of the pesticide use to tenants at least 24 hours before the pesticide is applied.

The notice may be provided by:

  • first class mail;
  • personal delivery to tenant or responsible adult at the rental unit;
  • placing the notice under the door of the rental unit;
  • email; or
  • posting a notice on the door of the rental unit.

The notice needs to include the following information, in non-technical language:

  • identification of the pest(s) to be controlled;
  • the name and brand of pesticide; 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).”

Pesticide application in individual units

For landlord-applied pesticides in individual rental units, the following disclosures are added to the written notice:

  • the approximate date, time and frequency of application; and
  • the following statement:

The approximate date, time, and frequency of this pesticide application is subject to change.”

If the pesticide is an aerosol or fogger which spreads over more than two feet and impacts adjacent units, the landlord is also required to provide the notice to the tenants of any impacted units.

After receiving the notice, the tenant of the affected unit may give written consent to immediate application of the pesticide, or agree to application at a set time.

Tenant-initiated requests

If the tenant initiates a request for immediate application of a pesticide in an individual rental unit before 24-hour advance notice can be given, the landlord may apply the pesticide if they:

  • orally notify the tenant of the name and brand of pesticide used before applying the pesticide;
  • provide the written notice to any impacted adjacent tenants before or at the time the pesticide is applied; and
  • post the written notice in a conspicuous place in the rental unit or on the door of the unit at the time the pesticide is applied.

Pesticide application in common areas – one time or limited applications

For landlord-applied pesticides in common areas, the written notice needs to be posted in the common area before application and remain posted for at least 24 hours after the application of the pesticide. The written notice for a one-time or limited application of landlord-applied pesticides in a common area needs to include the approximate date, time and frequency of application.

Landlords are not responsible for notices taken down without their consent or knowledge.

If no suitable place is available in the common area, the landlord needs to deliver individual written notices to all tenants.

If immediate pesticide application is necessary, landlords may post the notice as soon as possible, but no later than one hour after pesticide application.

Pesticide application in common areas – set schedule

If the landlord applies pesticides to a common area on a set schedule, the written notice is delivered to:

  • existing tenants before pesticide application; and
  • new tenants before entering a lease agreement.

The written notice for pesticides applied by the landlord on a set schedule needs to include the schedule of pesticide application. A change in the pesticide used triggers a new written notice to all tenants.

Editor’s note – This bill does not require a nonprofit or unincorporated association created for the purpose of managing a common interest development (CID) to provide notice of pesticide use in separately owned units, lots, parcels or spaces, or common areas within a CID.

Read bill text.