New for 2016: Landlords applying pesticides must notify tenants

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Landlords and apartment complex employees who apply pesticides on a rental property must notify their tenants, according to a bill signed into law by the governor.

Since 1984, California law has required specific notification requirements of pest control companies when they apply pesticides at residential properties.

Legislation signed into law by Gov. Brown on Sept. 8 extends those tenant-notice requirements to landlords, their employees and agents when they personally apply pesticides, such as over-the-counter aerosol bug sprays and foggers, at rental properties. The law, SB 328 by Sen. Ben Hueso, D-Logan Heights, takes effect Jan. 1, 2016.

Prior to applying the pesticide, the landlord must tell tenants in writing the pest or pests being targeted, the name or brand of the product being used, and a specific notice like that required of pest control operators. See the blue box below for the required verbiage.

The notice requirements are mandated when owners apply the pesticides inside the units or outside in the common areas of the property. CAA’s Compliance Committee is developing the required forms for owners to use. Watch for updates on the completed forms and detailed instructions about proper compliance with the 2016 law.
Wording of required notice

Pesticide notice

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).