Tenant Fleas (Pest) Complaint

[Jorge Liang]

Recently, my tenant has complained about fleas on his dogs from stray cats out in the front yard. The tenant has requested a pest control company to spray the front yard. I am sympathetic and plan on covering the cost of the spray. 

Here are some additional facts: 

1. Tenant refuses my recommendation to have his dogs wear flea & tick collar. "Not natural" he says.

2. Tenant also does a good job keeping the place inside clean.

3. I have never had a flea or tick problem reported from previous tenants.

Questions for you all:

1. Am I, as the owner, responsible for pests that may or may not exist outside of the house and are brought into the house by the Tenant's dogs?

2. If the answer to 1 is yes, then am I just stuck footing the bill if a flea problem were to reoccur?

Thanks in advance.

[Greg M.]

Los Angeles make owners responsible for units to be free of vermin. Fleas probably fall under this. However, if you turned over a flea free unit to the tenant, you can argue that the fleas resulted from the tenants actions (bringing the dog inside the house). Further proof of this is having a flea-free unit before the dog.

Flea collars are not natural. Neither is spraying a yard so his argument is meaningless. There are several topical solutions that can be applied to the dog to reduce fleas. There are also some chewable solutions. I'd suggest these.

Instead of hiring a company, I'd suggest getting some bottles of Vet's Best flea spray. There is one for the yard and one for the inside. It's a peppermint and clove oil spray. Outside bottle says covers 5000 sq ft, but I find that very optimistic. A couple of treatments worked for me. Also sprayed the inside furniture and rungs. Flea-free home.

[JD Martin]

We require all inside animals (cats & dogs) be on a flea & tick preventative program. We don't specify Frontline, Simparica or anything else, so I suppose the tenant could construe it broadly, but the point being that we expect tenants with animals to do their part to combat fleas. 

As far as spraying a front yard for fleas other animals bring into the yard? No way, unless you're talking about a multi-family common area. In that case, I would have normal pest control for the property which would include spraying for fleas & ticks. 

Yes, none of those things are "natural" so to speak but it is the least of all evils. In the last 2 years we have had two different properties where tenants left a bad flea problem behind, and it's a PITA to get them gone because you have to spray multiple times and vacuum everywhere multiple times. 

[Nathan Gesner]

Wait...it's not natural for an animal to wear a collar, but it's natural to spray the yard with a pesticide? LOL!

My policy is that we provide a pest-free home, then the tenant is expected to maintain it that way. If something pops up in the first two weeks, then I will cover it just in case we made a mistake and as an offer of good will.

The stray cats are not your fault or responsibility. If your tenant owned the home, he would have to deal with it. I would do it one time as a good-will gesture, but I would make it clear that he has to handle it from that point forward.

[Wesley W.]

I have a similar policy to @Nathan Gesner.  Here's my lease provision:

14. PEST CONTROL: Your Rental Unit has been inspected and deemed to be pest-free. If you have a specific problem with pests, notify us. You are asked to assist our pest control by maintaining a high standard of good housekeeping. If, after the first ten (10) days after you take possession of the Rental Unit, it becomes necessary for us to undergo including, without limitation, prevention and remediation in your Rental Unit and/or on the Premises, you will be held financially responsible for reasonable costs thereof, paid as Additional Rent.

[Alecia Loveless]

@Jorge Liang I have regular exterior pest control at several of my properties.

Two months ago a tenant in one of these buildings complained about fleas.

We told her it was her responsibility (as outlined in the lease agreement similar to what’s been posted).

We suggested bug bombs in each of the larger rooms. However a key to that is that you need to bomb several times due to the lengthy life cycle of the fleas once they get inside. I have heard it is once a month for 4-5 months.

My tenant ultimately rehomed their cats (which had been indoor/outdoor despite my policy that all cats are strictly indoor) because they found them to be too much responsibility for their current situation which made me sad.

[Adam Bartomeo]

In this scenario, we would spray for the pests and then charge the tenant.

[Jorge Liang]

I dont have any Pest provision in the lease. I am most likely going to respond to tenant by saying pest issue is not my responsibility and I will cover a 1-time spray as a one-time good will. All future pest control is the tenant's responsibility.
 

[Jorge Liang]

The tenant is now citing 1941.1 and implying that I need to pay for monthly spray.

Under California Civil Code §1941.1, landlords are required to maintain rental properties in a habitable condition, which includes ensuring the premises are free of pests that compromise livability. Additionally, the "implied warranty of habitability" obligates landlords to address pest infestations unless they result directly from tenant negligence.

Lol how do I even respond? His dogs are bringing flees into the house, and he refuses to outfit them with flea collars.

[Shin Liu]

let them read 1941.2

[Nathan Gesner]

Quote from @Jorge Liang:

Lol how do I even respond? His dogs are bringing flees into the house, and he refuses to outfit them with flea collars.

That is tenant negligence. If the dogs didn't bring the fleas indoors, the home wouldn't have fleas. It would be the same if the tenant goes on vacation and brings bed bugs home with them. 

The tenant is responsible for the animals and what they bring in, not you.

[Colleen F.]

@Jorge Liang it is tenant negligence.  He could use preventative maintenance on the dogs and keep his dogs  indoors and take them for walks as needed instead of letting them run in the yard. Unless you are feeding the cats it is just the way nature is, other outdoor animals like squirells can carry fleas too.