Reviewed by Brendan McKee, Managing Broker, DRE #01882732, on October 20, 2026.

San Diego County rentals face two main termite types: drywood termites, which UC IPM says are most prevalent in Southern California, and subterranean termites, which live in the soil. In California, only a licensed Branch 3 inspector employed by a registered company may give an opinion on wood-destroying pests, and the written report must reach the owner within 10 business days from the start of the inspection (Business and Professions Code § 8516(b)). If the fix is fumigation, everyone must leave the building first (B&P § 8505.7), and the tenant must get the pesticide notice at least 48 hours before application (B&P § 8538(b)).

The short version

  • Drywood termites leave six-sided fecal pellets and small kickout holes; subterranean termites build mud tubes (UC IPM).
  • Only a licensed Branch 3 inspector can say whether pests are present, and the report comes before any work (B&P § 8516(b)).
  • Separated reports split findings into Section I (active infestation or damage) and Section II (conditions likely to lead to it), under 16 CCR § 1990(f).
  • Fumigation treats drywood termites only; it does not control subterranean termites (UC IPM).
  • For fumigation, all occupants must vacate, and the owner and tenant get written notice at least 48 hours ahead.
  • No law says who pays a tenant's lodging during fumigation; agree on it in writing beforehand.

Drywood or subterranean: what to look for

Drywood termitesSubterranean termites
Where they liveDeep inside wood; colonies are small and can be widely dispersedIn the soil; they reach wood through shelter tubes
Common signsShed wings, feeding damage, fecal pellets with six sides, kickout holes under 2 mmMud (shelter) tubes, often up foundations; wood thin at the surface and easy to puncture
When they swarmDaytime, summer and fallSpring or fall, often on a clear day after a soaking rain
Whole-structure optionsFumigation or heatNot fumigation or heat; soil treatment, direct treatment through tubes, or bait stations
Do-it-yourselfNot recommended; the products are not sold for homeowner useNo reliable over-the-counter products in California

Two UC IPM points help when a tenant reports signs. Pellets alone do not show whether a drywood infestation is still active; cleaning up pellets near a kickout hole and checking a few days later can help, though building vibration can also shake some loose. And finding swarming termites in the yard does not necessarily mean the house has termites.

Reading a wood-destroying organism (WDO) report

A WDO inspection report is the licensed company's written record of what it found. Under B&P § 8516(b), it is delivered to the person who ordered it and to the owner (or the owner's designated agent) within 10 business days from the start of the inspection, and always before work begins.

What the report covers, per § 8516(b):

  • The inspection date and the inspector, with a diagram of the foundation showing infested or infected areas.
  • Conditions likely to lead to infestation, such as earth-wood contacts, excess cellulose debris, faulty grade levels, excess moisture, roof leaks and poor ventilation.
  • A bold statement on whether the exterior surface of the roof was inspected. If it was not, the report tells you to hire a CSLB-licensed roofing contractor to check water tightness.
  • Areas that could not be inspected, and recommendations for corrective measures.
  • A notice that reports from different companies should list the same findings, that recommendations may vary, and that you have a right to a second opinion.

When you order the inspection, the company must tell you a separated report is available (§ 8516(c)). A state regulation, 16 CCR § 1990(f), sets the labels on that report:

LabelWhat it means under 16 CCR § 1990(f)
Section IVisible evidence of active infestation or infection, or conditions that resulted in or from one
Section IIConditions deemed likely to lead to infestation or infection, with no visible evidence found
Further inspectionAreas the inspector could not reach; not Section I or Section II

Section II conditions may not be described as actual defects or active infestations (§ 8516(e)). If you choose not to correct a listed condition, the company is not liable for damage that results, apart from its own negligence or fraud (§ 8516(d)). Reports must also cover any wooden deck, stairs or landing in exterior exposure that is attached to or touching the structure (16 CCR § 1990(g)); for multiunit buildings, see balcony and deck inspections under SB 721.

If you received an estimate, you can ask for a reinspection at no more than the original inspection price, completed within 10 business days; after four months, a new inspection is an original inspection (§ 8516(b)(12)). The Structural Pest Control Board also lets you search its Wood Destroying Organism System to see whether a property was inspected in the last two years.

Fumigation in an occupied rental: step by step

UC IPM calls fumigation a whole-structure treatment that treats all drywood infestations at once. Heat is the other whole-structure choice; occupants leave for hours instead of days, and parts of large buildings can be treated separately, which UC IPM notes is useful in apartments and condominiums. If you choose fumigation, these are the steps the law sets:

  1. Notice. The registered company gives written notice to the owner or agent and to the tenant, stating the pest, the fumigant and active ingredient, the required caution statement and contact numbers, at least 48 hours before application, unless fumigation follows the inspection by less than 48 hours (B&P § 8538(a), (b)). Delivery can be by first-class or electronic mail, conspicuous posting on the property, or personal delivery.
  2. Signed occupant form. The prime contractor must hold an Occupant Fumigation Notice and Pesticide Disclosure form (Form 43M-48) signed by the occupant, if any, or by the owner or agent. In a multiunit building, the owner or manager may collect signatures or verify notice to occupants on the contractor's behalf (16 CCR § 1970.4).
  3. Vacate. Everyone leaves before fumigation starts, and entrances are secured (B&P § 8505.7). UC IPM says occupants, pets and plants are out for several days, depending on the structure and the gas used. Gas pilots must be put out before treatment.
  4. Secondary locks. The fumigator puts a secondary lock on all outside doors (16 CCR § 1970.3).
  5. Reentry. No one returns until the licensed fumigator posts a reentry certification notice (16 CCR § 1970.4).

UC IPM also notes that tarps dragged across a roof can damage it, so record the roof's condition before tenting. Neither fumigation nor heat leaves any residual protection.

Who pays, and what to put in writing

The law requires everyone to leave during fumigation. It does not say who pays for a tenant's lodging; that depends on the lease and the situation, so agree on it in writing beforehand. Who pays for Section I or Section II work is a matter for your contracts and lease. Vermin and the habitability duties are covered in who pays for repairs and on the habitability and repairs page.

If you sign a periodic pest control contract, it must be in writing and state the pests covered, inspection frequency, fees and whether structural repairs are included; corrections are completed within six months of discovery unless otherwise agreed (B&P § 8516(h)). You must also give each new tenant a copy of the company's § 8538 notice (Civil Code § 1940.8). Other pests, including bed bugs, are covered in bed bugs and pest control.

For owners

  • Keep wood off the soil. UC IPM suggests substructural wood at least 12 inches above soil (check local codes), removing stored lumber and wood debris near the building, and keeping foundation areas dry and ventilated. Stucco that reaches the ground can promote infestation.
  • Fix roof and deck leaks promptly; UC IPM says dampwood termite problems are best handled by correcting moisture and replacing damaged wood.
  • File each WDO report, notice and invoice with the property's records.
  • Plan tenant access for inspections under the landlord entry rules; see preventive maintenance checks and entry rules.
  • If infested wood is load-bearing, UC IPM says to consult an architect, engineer or general contractor, and building permits may be necessary.
  • For coastal homes, the Coronado coastal maintenance guide covers salt air and moisture.

McKee Properties manages rentals and runs an in-house maintenance division, Certified Property Maintenance; see maintenance services.

Local rules

The Structural Pest Control Board licenses termite inspectors and fumigators statewide. If termite damage means replacing structural wood, permit rules are local: in the City of San Diego, check with the Development Services Department; in unincorporated areas, with County Planning & Development Services; in other cities, with your city's building department.

Frequently asked questions

Does a tenant have to leave during termite fumigation?

Yes. B&P § 8505.7 says the space to be fumigated must be vacated by all occupants before fumigation begins, and no one may return until the licensed fumigator declares it safe and posts a reentry notice. UC IPM says occupants are out for several days, depending on the structure and the amount of gas used.

What is the difference between Section I and Section II on a termite report?

Under 16 CCR § 1990(f), Section I items show visible evidence of active infestation or infection, or conditions that resulted in or from one. Section II items are conditions likely to lead to infestation, such as earth-wood contact or excess moisture, where no visible evidence was found. A third category, further inspection, covers areas the inspector could not reach.

Who pays for the tenant's hotel during fumigation?

The law requires everyone to leave during fumigation but does not say who pays for a tenant's lodging. That depends on the lease and the situation, so read the lease, agree on lodging and timing with the tenant in writing before the job, and ask a California attorney if you are unsure.

Will tenting get rid of subterranean termites?

No. UC IPM says subterranean termites cannot be controlled with drywood methods such as fumigation, heat, freezing or electrocution. The usual approaches are insecticides applied to the soil next to the structure, directly through shelter tubes, or through bait stations, after an inspection by a licensed professional.

This is general information, not legal or tax advice. Rules change; confirm your situation with a California attorney, your local building or fire department, or a licensed professional.

Sources

Verified October 19, 2026.

Talk With a Local Property Expert

Ask your questions, get honest answers, and see if we’re the right fit — no commitment.

Schedule a Call