Rats and Mice in a San Diego Rental: Tenant and Landlord Duties

The landlord's duty under Civil Code 1941.1

Civil Code 1941.1 lists the standards a dwelling must meet. A unit is untenantable if it largely lacks any of them. Two apply directly to rodents.

Item (6) requires the "building, grounds, and appurtenances" at the start of the lease, "and all areas under control of the landlord," to be "kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin."

Item (7) requires an adequate number of appropriate garbage and rubbish receptacles in clean condition and good repair at the start of the lease, with the landlord providing serviceable receptacles after that and keeping the ones under their control clean and in good repair.

Put simply, the landlord is responsible for rodents in the building structure, the shared areas and the grounds. In a San Diego apartment complex that includes attics, crawl spaces, laundry rooms, garages, landscaping and trash enclosures.

Substandard buildings under Health and Safety Code 17920.3

California's State Housing Law separately lists conditions that make a building substandard. Section 17920.3(a)(12) includes "infestation of insects, vermin, or rodents as determined by a health officer." Item (a)(16) covers a lack of adequate garbage and rubbish storage and removal facilities, also as determined by a health officer.

That matters because Civil Code 1941.1 also treats a unit described in Section 17920.3 as untenantable. A finding by a health officer gives a tenant an official record of the problem.

The tenant's duties under Civil Code 1941.2

Tenants are not off the hook. Civil Code 1941.2 requires a tenant:

• To keep the part of the premises they occupy clean and sanitary as its condition permits
• To dispose of all rubbish, garbage and other waste from the unit in a clean and sanitary manner
• To use electrical, gas and plumbing fixtures properly and keep them clean
• Not to damage the unit or let guests damage it
• To use rooms only for their intended purposes

If a rodent problem comes from a tenant's own failure to meet these duties, the landlord's obligation to fix it can change. In San Diego, a tenant's habits that matter most are food storage, garbage and green bin use, and clutter in patios, balconies and storage closets.

Repair and deduct under Civil Code 1942

Civil Code 1942 lets a tenant act when a landlord does not fix a condition that makes the unit untenantable. After giving notice to the landlord, written or oral, and waiting a reasonable time, the tenant may:

• Pay for the repair and deduct the cost from rent, as long as it does not exceed one month's rent, or
• Move out, and stop owing rent from the date they leave

The statute says this remedy is not available "more than twice in any 12-month period." If the tenant acts more than 30 days after notice, the law presumes they waited a reasonable time, though that presumption can be rebutted and a shorter period may be reasonable in some cases. The remedy is not available if the tenant caused the condition by violating Section 1941.2.

Repair and deduct has risks. Talk to a lawyer or tenant organization before using it, and keep every receipt.

How to document a rodent problem

Good records help both sides. A tenant should:

• Report the problem to the landlord or manager in writing, by email or letter, with the date
• Take dated photos of droppings, gnaw marks, damaged food and any rodents
• Note sounds and their times, such as scratching in the ceiling after 10 p.m.
• Keep copies of every message and reply
• Ask the county Vector Control Program for a free educational rat inspection

A landlord should keep the tenant's report, the pest control company's inspection report and invoices, records of sealing and repairs, and notes on follow-up visits. See how to report rats in San Diego for the county process.

What a fair fix looks like

A good fix treats the building, not just one unit. Rodents in a San Diego apartment building travel through shared attics, plumbing chases and trash areas, so trapping in one unit often pushes them next door. Landlords should ask a licensed provider for an inspection of the exterior, the shared spaces and the affected units, sealing of entry points, trapping and follow-up visits. See apartment and multi-unit rodent control.

Tenants should keep food sealed, take out trash and food scraps often, keep green bin lids closed as the city's organics guidance advises, and give access for inspections with proper notice.

When the landlord does not respond

If a written request gets no response, tenants have several paths. In the City of San Diego, the Building and Land Use Enforcement section takes requests for investigation of property conditions. The county Vector Control Program can do an educational inspection and document what it sees. A health officer's finding of rodent infestation under Health and Safety Code 17920.3 supports a substandard housing claim. Legal aid groups and tenant organizations in San Diego can explain the options. Do not stop paying rent without legal advice.

Common San Diego rental situations

A few situations come up again and again in San Diego rentals.

Roof rats in the attic of a duplex or small apartment building: the attic is an area under the landlord's control, so sealing and trapping there fall on the owner. Tenants can help by reporting noises with dates and times.

Mice in one kitchen of a larger complex: the mice are usually coming through shared walls, plumbing chases or the garage. A good fix inspects neighboring units and the building's exterior, not just the one kitchen.

Rats around a trash enclosure: Civil Code 1941.1 requires the landlord to supply adequate garbage receptacles in good repair. If the enclosure has broken lids or overflows before pickup, ask the owner to add bins or more pickups.

A single-family home rental with fruit trees: who handles yard care depends on the lease. Read it, and agree in writing on who trims trees and picks up fallen fruit.