Bed Bug Infestations - Hiring - CA Civil Law

Section § 1954.600

This section recognizes that controlling bed bugs is tough because they often resist insecticides. Success depends on teamwork between landlords, tenants, and pest control experts. To manage infestations, it's important for both landlords and tenants to be aware of the best practices. Reporting bed bug issues early is crucial, and tenants shouldn't fear backlash for doing so. Cooperation is key, like landlords responding quickly and tenants prepping the space for treatment. Experts with the right knowledge, guided by groups like the NPMA, are vital in this process. The Structural Pest Control Board should ensure their licenses include training on these best practices.

The Legislature finds and declares:

(a) Controlling bed bugs is uniquely challenging, as bed bug resistance to existing insecticidal control measures is significant. Cooperation among landlords, tenants, and pest control operators is required for successful control. With cooperation among landlords, tenants, and pest control operators, most bed bug infestations can be successfully controlled.

(b) Effective control is more likely to occur when landlords and tenants are informed of the best practices for bed bug control.

(c) Early detection and reporting of bed bugs is an important component required for preventing bed bug infestations. Tenants should not face retaliation for reporting a problem.

(d) Lack of cooperation by landlords and tenants can undermine pest control operator efforts to identify the presence of bed bugs and control an infestation. Depending on the treatment strategy, it is often critical that tenants cooperate with pest control operators by reducing clutter, washing clothes, or performing other activities. Likewise, inadequate or untimely response or planning by landlords may exacerbate an infestation.

(e) Pest control operators with knowledge and education in current best practices for bed bug management, such as those created by the National Pest Management Association (NPMA), are best equipped to help property owners and tenants eradicate bed bugs from their home.

(f) The Structural Pest Control Board should incorporate training in bed bug management based on the National Pest Management Association (NPMA) best practices for the issuance or renewal of a Branch 2 operator, field representative, or applicator license.

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(Added by Stats. 2016, Ch. 599, Sec. 3. (AB 551) Effective January 1, 2017.)

Section § 1954.601

This law defines a 'pest control operator' as someone who has a Branch 2 operator, field representative, or applicator license from the Structural Pest Control Board.

For purposes of this chapter, the term “pest control operator” means an individual holding a Branch 2 operator, field representative, or applicator license from the Structural Pest Control Board.

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(Added by Stats. 2016, Ch. 599, Sec. 3. (AB 551) Effective January 1, 2017.)

Section § 1954.602

This law states that a landlord cannot show or rent an empty home to someone if they know that home has bed bugs. Landlords aren't required to check for bed bugs unless they have a reason to believe there might be a problem. If there are clear signs of bed bugs, then the landlord is considered to know about the issue.

(a) A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation.

(b) This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section.

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(Added by Stats. 2016, Ch. 599, Sec. 3. (AB 551) Effective January 1, 2017.)

Section § 1954.603

Starting July 1, 2017, landlords must give potential tenants a written notice about bed bugs before they move into a new rental. This notice was also required for all existing tenants by January 1, 2018. The notice includes how to identify bed bugs, their behavior, and why it's important to work together to prevent and treat infestations. It talks about the physical features of bed bugs, their life cycle, common signs of infestation, and symptoms of bites. The notice must also tell tenants how to report suspected infestations to their landlords.

On and after July 1, 2017, prior to creating a new tenancy for a dwelling unit, a landlord shall provide a written notice to the prospective tenant as provided in this section. This notice shall be provided to all other tenants by January 1, 2018. The notice shall be in at least 10-point type and shall include, but is not limited to, the following:

(a) General information about bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and for prompt written reporting of suspected infestations to the landlord. The information shall be in substantially the following form:

Information about Bed Bugs

Bed bug Appearance: Bed bugs have six legs. Adult bed bugs have flat bodies about ¹/₄ of an inch in length. Their color can vary from red and brown to copper colored. Young bed bugs are very small. Their bodies are about ¹/₁₆ of an inch in length. They have almost no color. When a bed bug feeds, its body swells, may lengthen, and becomes bright red, sometimes making it appear to be a different insect. Bed bugs do not fly. They can either crawl or be carried from place to place on objects, people, or animals. Bed bugs can be hard to find and identify because they are tiny and try to stay hidden.

Life Cycle and Reproduction: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days.

Bed bugs can survive for months without feeding.

Bed bug Bites: Because bed bugs usually feed at night, most people are bitten in their sleep and do not realize they were bitten. A person’s reaction to insect bites is an immune response and so varies from person to person. Sometimes the red welts caused by the bites will not be noticed until many days after a person was bitten, if at all.

Common signs and symptoms of a possible bed bug infestation:

• Small red to reddish brown fecal spots on mattresses, box springs, bed frames, mattresses, linens, upholstery, or walls.

• Molted bed bug skins, white, sticky eggs, or empty eggshells.

• Very heavily infested areas may have a characteristically sweet odor.

• Red, itchy bite marks, especially on the legs, arms, and other body parts exposed while sleeping. However, some people do not show bed bug lesions on their bodies even though bed bugs may have fed on them.

For more information, see the Internet Web sites of the United States Environmental Protection Agency and the National Pest Management Association.

(b) The procedure to report suspected infestations to the landlord.

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(Added by Stats. 2016, Ch. 599, Sec. 3. (AB 551) Effective January 1, 2017.)

Section § 1954.604

This law explains that a landlord can enter a tenant’s unit for inspection if they follow certain rules. If there are bed bugs, the pest control operator can choose which units to inspect and return as needed until the problem is fixed. Tenants must cooperate by allowing inspections and giving any needed information to help locate and treat bed bugs.

Entry to inspect a tenant’s dwelling unit shall comply with Section 1954. Entry to inspect any unit selected by the pest control operator and to conduct followup inspections of surrounding units until bed bugs are eliminated is a necessary service for the purpose of Section 1954. Tenants shall cooperate with the inspection to facilitate the detection and treatment of bed bugs, including providing requested information that is necessary to facilitate the detection and treatment of bed bugs to the pest control operator.

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(Added by Stats. 2016, Ch. 599, Sec. 3. (AB 551) Effective January 1, 2017.)

Section § 1954.605

This law requires landlords to let tenants know what a pest control expert found during inspections of specific units. The landlord must give this information in writing within two business days after receiving the expert's report. If any infestations were found in shared areas of the building, every tenant must be informed.

The landlord shall notify the tenants of those units inspected by the pest control operator pursuant to Section 1954.604 of the pest control operator’s findings. The notification shall be in writing and made within two business days of receipt of the pest control operator’s findings. For confirmed infestations in common areas, all tenants shall be provided notice of the pest control operator’s findings.

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(Added by Stats. 2016, Ch. 599, Sec. 3. (AB 551) Effective January 1, 2017.)