Cal. Civ. Code § 410.550
Elimination of Pests
Operative Text
Owners and occupants are responsible for the control and elimination of pests as follows:
(A) Residences containing one dwelling unit:
(1) The occupant shall maintain the unit free from all pest infestation and shall be
responsible for pest elimination.
(2) The owner shall be responsible for pest elimination if they have not maintained
structural or other building elements necessary to keep pests from entering.
(B) The owner of a residence containing two or more dwelling units, including a homeless
shelter or a rooming house, shall maintain it and its premises free from infestation and shall be
responsible for pest elimination.
(C) Extermination shall be accomplished by:
(1) Eliminating the harborage places of insects and rodents;
(2) Removing or making inaccessible materials that may serve as food or breeding ground
for pests;
(3) Poisoning, spraying, fumigating, trapping pests; or
(4) Any other recognized and legal pest elimination method.
(D) All use of pesticides within the interior of a residence shall be in accordance with
applicable laws and regulations pursuant to the Massachusetts Department of Agricultural
Resources Pesticide Program, including those appearing at 333 CMR 13.00: Standards for
Application.
(1) Pesticide applicators or their employers must give at least 48 hours pre-notification to
occupants of all residential units prior to any commercial application of pesticides for the
control of indoor household or structural indoor pests.
(2) Pre-notification shall be made in writing and contain the following information:
(a) Name and phone number of the company making the application;
(b) Proposed date of application;
(c) Locations to be treated; and
(d) Names, EPA Registration Numbers, and active ingredients for the pesticide products
that may be used.
(3) Owners and occupants shall:
(a) Provide access to common areas, dwelling units, and rooming units, upon receipt of
notice required by 105 CMR 410.550(D)(1) and (2); and
(b) Adhere to all instructions provided by the pesticide applicator in preparing the
common areas and units prior to the application of pesticides.
(E) The occupant of a residence shall maintain their dwelling unit or rooming unit in a sanitary
manner so as to prevent the attraction of pests.
(F) The owner of a residence, except for a homeless shelter, shall conduct an inspection of each
unit prior to a new occupancy to identify the presence of pests. Homeless shelters shall establish
pest management policies that include periodic inspection for pest infestation as outlined in
105 CMR 410.550(G).
(G) Owners shall make the documented inspection results and actions taken available upon
request by the board of health. Documentation shall include:
(1) Monitoring the presence of pests;
(2) Eliminating entry points for pests;
(3) Documenting results of the inspection; and
(4) Documenting actions taken as a result of the inspection to include:
(a) Repairs made;
(b) Location of pesticides applied and by whom; and
(c) Date and results of a follow-up inspection.Massachusetts regulation 105 CMR 410.550 divides pest-control responsibility between owners and occupants depending on the type of residence. In single-unit homes, the occupant generally bears responsibility for keeping the unit pest-free, but the owner becomes responsible when structural deficiencies allow pests to enter. In buildings with two or more units—including rooming houses and homeless shelters—the owner carries the primary duty to keep the entire property free of infestation, and all pesticide applications must follow state agricultural regulations, including a mandatory 48-hour written pre-notification to occupants before any commercial treatment.
Plain English — not legal advice.
Under 105 CMR 410.550, operators of multi-unit residential properties are generally expected to maintain the entire building and its premises free from pest infestation and to arrange for elimination when pests are found. Compliant operators typically inspect each unit before a new tenancy begins, document findings and any corrective actions taken, and keep those records available for review by the local board of health. When commercial pesticide applications are scheduled, operators and their applicators ensure that written pre-notification—including the applicator's contact information, treatment date, locations, and EPA Registration Numbers for products to be used—reaches all affected occupants at least 48 hours in advance, in line with 105 CMR 410.550(D).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 105 CMR 410.550 gives occupants both responsibilities and protections: tenants are expected to keep their units sanitary to avoid attracting pests, but in multi-unit buildings the owner bears the primary duty to address infestations. Before any commercial pesticide treatment, tenants are entitled under 105 CMR 410.550(D) to at least 48 hours of written notice that identifies the applicator, the treatment date, the areas to be treated, and the specific pesticide products involved. Tenants who believe an owner is failing to meet pest-elimination obligations may consider contacting their local board of health, which has authority to review inspection documentation, or reaching out to a tenant-rights organization for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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