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Rats and Mice in Your Rental: California Tenant Rights
Droppings in the kitchen, scratching in the walls, chewed food and wiring. Your landlord has to deal with it, not you.
In California, a rental with a rodent infestation is substandard. Civil Code § 1941.1(a)(6) requires the building and common areas to be kept free of rodents and vermin, and Health and Safety Code § 17920.3(a)(12) lists "infestation of insects, vermin, or rodents" as a substandard condition. Landlords must hire professional pest control and seal the entry points, not just leave traps. Tenants living with rats or mice after notice may be able to recover part of their rent and other damages.
Why rodent infestations are serious
Rats and mice contaminate food and surfaces with droppings and urine, chew through wiring (a fire risk), and can spread diseases such as hantavirus, leptospirosis and salmonella. They also trigger asthma and allergies.
What the landlord must do
- Hire licensed pest control and keep treating until the infestation is gone
- Seal holes, gaps and vents rodents use to get in
- Clean up nests and droppings in walls, ceilings and common areas
- Fix the conditions that attract rodents, such as leaks and overflowing trash areas
What you may recover
- Partial rent refund for the months of infestation
- Replacement of contaminated food, bedding, furniture and clothing
- Medical costs and emotional distress
- Special damages and attorney's fees under Civil Code § 1942.4 if a citation goes unrepaired for 35 days
Last reviewed: November 2026 · Ironcrest Law Firm LLP. This page is general information about California law, not legal advice for your situation.
Frequently asked questions
Is my landlord responsible for rats in California?
Generally yes. The landlord must provide a unit free of rodents at the start of the tenancy and keep common areas free of them, and an infestation determined by a health or code officer is a substandard condition.
Can I withhold rent because of rats?
Withholding rent without legal advice is risky and can lead to an eviction case. Talk to a lawyer about the safer options first.
The landlord says the rats are my fault. What now?
Infestations usually come from building conditions like gaps, leaks and trash areas. Photos and an inspector's report help show where they are coming from.
Living with unsafe conditions, or hurt because someone was careless?
Tell us what happened. Consultations are free, and you pay nothing unless we recover for you.