Is your landlord responsible for getting rid of bed bugs?
Bed bugs have become a major tenant-landlord issue, in part because it’s not always easy to figure out who’s responsible for them.
If you’ve been renting the same single-family house for several years and just now discover bed bugs, it’s likely that you inadvertently introduced them. In that case, your landlord is likely to charge you for the cost of exterminating them.
But what if you live in a multi-family dwelling? Or you discover bed bugs one week after you move into a rental property? In these cases, your landlord is probably responsible for paying the extermination fees.
Important Information
If the landlord is responsible, they might have to cover more than the cost of extermination and replacing your damaged belongings. Courts usually consider infested homes to be uninhabitable, which could make your landlord responsible for covering your living expenses until the bugs are gone.[1]
Statewide bedbug laws
About two dozen states have passed bed bug regulations, but only a few apply to residential housing.[2]
Colorado’s regulations are a good example. Landlords can’t offer units for rent that they suspect have bed bugs. Further, they have 96 hours after a tenant reports suspected bed bugs to inspect the unit and the adjoining units. If bed bugs are found, the landlord pays for extermination.[3]
Tenants are responsible for promptly reporting suspected bed bugs. They also have to comply with the landlord’s request to inspect or treat their rental units for infestations. If they don’t, and their noncompliance makes further inspections or treatments necessary, the tenant has to pay for them.
New York’s bed bug rules are more ambiguous. In that state, whenever a tenant signs a lease, the landlord must disclose the past year’s bed bug history for the unit and the building.
But owners and occupants are equally responsible for avoiding conditions and “harborages” that might lead to an infestation. If one occurs, the “owner or occupant in control” is responsible for eradication.[4]