Can I refuse to allow my Landlord to spray my apartment for pest control?

[hawiovi]

Ok, heres the deal. Today Orkin knocked on my door saying that we had to allow them to do a pest control service. Heres the problem: I have a young child I do not wish to have exposed to toxic chemicals. Also, they want us to make what I believe are FAR beyond reasonable preparations. We have to move ALL of our stuff (clothes, furniture, etc) at least 2 feet away from all the walls, including in our closets. Also, we have to take everything down from the walls, and vacate the premesis for 4 hours. We have no idea what time of day they are coming. I believe that this is far too great of an inconvenience to be considered reasonable.

Here's the kicker, we're moving out on the 31st anyway. I have asked that they postpone the procedure until then when we will be out of the apartment anyway. Our stuff is all over the place because we are going through it and trying to decide what to keep and what to get rid of. Also, they stated in the note that our place is NOT infested, and that this is a proactive treatment. My questions are these:

If they refuse to wait until we leave and state that the treatment must be done on the date specified, and I refuse to allow them to enter, what are the consequences? I realize that it would be a violation of my lease to do so, but how long will it take to get a court order filed to enter ? Longer than we would be here anyway?

Hoping to get a response from someone who's been in this situation, or is familiar with California rental laws. Thanks!

[montgomery69]

Whether you have a young child living there is really not relevant. The landlord has a responsibility to maintain each premises in a safe and habitable state. Common sense however suggests that the landlord can and should hold off on spraying your apartment given the fact that you are vacating in 18 days and that this is a preventative treatment. However, this does not mean that he has to re-schedule.

As per your questions:

I would not concern yourself about court orders to enter. Your landlord is not going to do that. Simply explain the situation and request that he hold off. Offer to move out a few days before the end of the month if possible. This would help him out. If he is unable to change the fumigation scheduled time then accept this instead of being confrontational. Your child will not be in any danger if you return at the prescribed time. Taking things down from the walls is something you are going to have to do anyways. As far as stuff being everywhere, just simple move it to the centre of the rooms and be done with it.

If anything I think you are stressing yourself out because you are in the process of moving and you don't need one more thing added to your plate.

[elton]

If you are moving the 31st anyway, I don't see why they wouldn't wait. But they can refuse to wait if they wish. If you refuse entry, they can evict you. They don't NEED a court order to enter. They need to give notice, period. Once they do, they can let themselves in.

[ahanu]

NO you cannot deny the owner to do proper maintenance. Fail to let them in you will be billed for the cost to have Orkin return at your convenience.