Landlord Responsibilities for Bed Bugs
In an apartment or other rented residential premises, handling bed bug infestations can be incredibly confusing as tenants may be unsure how responsibility falls between a landlord and themselves. However, they should not feel pressured to take the brunt of responsibility for bed bug infestations in many cases — by California Law, it is often the landlord's responsibility to remove bed bugs. In order to meet their legal obligation and provide a premise that is in “habitable conditions,” landlords must ensure that their apartment is rid of any bed bugs or similar pests.
Efficiently dealing with bed bugs is particularly important for landlords because infestations can easily spread to nearby apartments. The potential risk of unaddressed bed bugs can affect many tenants, and should be a major concern for the landlord. Additionally, pest extermination can be expensive, and will generally be more affordable for a landlord to take on the issue quickly, especially to ensure there is no chance of spreading.
When should tenants report bed bugs to a landlord?
Under California law, your landlord is not allowed to show, rent, or lease an apartment that has a known bed bug problem. If there is an infestation that the landlord was unaware of, the tenant should report the issue to their landlord within 24 to 48 hours. However, if a new tenant discovers bed bugs on the day they move in, they can back out of their contract and receive a refund on their security deposit.
Transparency on both ends is key for dealing with bed bugs, as a landlord and their tenant should be in constant communication with each other about the issue. To facilitate transparency, tenants should have received a bed bug notice from their landlord along with the procedure for reporting infestations. This procedure should detail both the landlord and tenant’s obligations for dealing with infestations. It is then the tenant’s responsibility to inform the landlord of any infestation the tenant discovers as soon as possible so the landlord can respond promptly.
Tenants should not be afraid to report bed bug infestations. Communication is extremely important for dealing with infestations and it is illegal in California for a landlord to retaliate against tenants if they bring up an issue related to bed bugs. A landlord may not file for eviction until this issue is resolved.
Do landlords have a responsibility to remove the bed bugs?
To remove the bedbugs, tenants must then cooperate on some level with their landlord. They may need to let the exterminator and landlord have reasonable access to their apartment in order to inspect and treat for bed bugs. If tenants do not comply with reasonable efforts to help their landlord's address a bed bug infestation, they may face punishment such as fines or early lease termination.
However, if a landlord is unresponsive about solving a bed bug issue, a tenant has several options they can choose from. They could personally hire an exterminator to remove bed bugs from their apartment. Tenants could also break their lease and move out of the apartment early, or try withholding rent. Another more aggressive option would be to report the landlord to a health or safety board, or try suing the landlord for any possible damage done to the tenant as well as the extermination costs.
What responsibilities do tenants have for bed bugs?
If the infestation is proven to be caused by the tenant, then it is the tenant’s responsibility to remove the infestation. The tenant would be expected to remove the bed bugs as soon as possible to prevent any chance of spreading. Additionally, most renter insurance plans do not cover the cost to exterminate bed bugs, meaning tenants will generally need to pay the entire fee themselves, if it is due to the negligence of maintaining sanitary conditions in the rental unit. Lack of proper care for the rental unit, leading to the infestation of bed bugs, will be the responsibility of the tenant, as opposed to the landlord.
If it is not the fault of the tenant, then they should document any and all communication with their landlord regarding the situation. Being able to provide evidence regarding attempted contact for a resolution is important when it comes to providing evidence that the landlord is not taking care of the infestation.
Bed bug infestations are complicated to navigate, and contacting experienced attorneys is crucial. Tenants Law Firm is here to help. Our team specializes in these cases to protect you against landlords who neglect the habitability of the property. If you think you are entitled to a bed bug infestation lawsuit, contact us by calling (310) 432-3200 or by using this form.