Multi-unit properties are generally more susceptible to bedbugs than stand-alone houses because bedbugs, and other pests, such as cockroaches, can travel between the walls from unit to unit. As such, many states have, or are, enacting laws to protect both the tenants and the property owners.

 

Bedbug Laws

While each state will vary in its specific legislation related to bedbugs in rental housing properties, the purpose of state legislation is generally intended to define landlord and tenant rights and responsibilities in the case of a bedbug infestation, defined as the presence of live bedbugs and/or viable bedbug eggs.


In some cases, it is the city or municipality that passes such legislation, and sometimes, it is the property owners themselves, or their pest control companies, who develop a rights and responsibilities document, requiring tenant signature.

Some of the requirements and rights that may be included in such documents, generated by any of the above, are:

 

Tenants

• Tenants are required to promptly notify the landlord, by certified mail or email, of a known or suspected infestation of bedbugs in the rental unit. Sometimes this notification can be verbal or written, other times it is required to be emailed or even sent by certified mail. There may be a timeframe requirement as well.
• Tenants must grant access to the unit and personal property for inspection or treatment, if given at least 24 hours' notice and the reasons for the request. Access may be simply a visual inspection of the unit and upholstered furniture; but if evidence of an infestation is found, access is likely to expand to all points of the unit as well as personal property. In almost all cases, prior notice of entry is required.

• Upon receiving reasonable notice, tenants need to perform preparation measures as directed by the landlord or pest management professional. While state or city legislation will generally mandate that tenants follow this requirement, the preparation steps will most likely be developed by the pest management company, and the tenant required to perform the preparation prior to the technician’s arrival. Additionally, tenants are to comply with reasonable measures to eliminate and control a bedbug infestation as set forth by the landlord and the pest management professional.

 

Landlords/Property Owners

• Landlords are required to conduct an inspection (if trained and/or certified in bedbug inspection)/Have a pest management professional conduct an inspection for bedbugs if informed by a tenant that a unit may have bedbugs. Because a bedbug population can expand quickly, there is generally a short timeframe specified, such as within five business days of receiving notice. The selected pest management professional is generally required to be certified and carry current liability insurance.
• If an infestation is detected in the unit, the landlord must promptly provide for the inspection of any adjoining units, again within a specified timeframe, such as 5 to 7 business days.
• A landlord must then provide for the treatment any infested units within a prompt, specified time frame to eradicate the bedbugs through chemical, pesticide, temperature, trapping and/or other applicable methods.
• The landlord also should, but is not always required to offer reasonable assistance to a tenant who is not able to perform preparation measures him or herself. If this is done, the landlord is required to disclose an estimate of any amount to be charged and generally allow the tenant to instead arrange to obtain the assistance from an unaffiliated third party.

• Upon request, a landlord is often also required to disclose whether a unit and any adjoining units have been inspected for an infestation within the past 18 months; the date of the latest inspection; whether an infestation was found during that inspection; and, if so, if the infestation were treated.
• Additionally, a landlord should never, and in most cases is restricted from, renting a unit that is known or suspected to have a bedbug infestation.

  

Failure to Comply

Just as there is some variation in rights and responsibilities, there are also differences in the repercussions should a landlord or tenant fail to comply with a state or local law. Some examples of these are:

• A landlord who violates the provisions of the bedbug law may be liable to the tenant for $250 or actual damages, whichever is greater, and actual, reasonable attorney fees.
• A landlord may be able to take legal action against a tenant who fails to provide reasonable access or comply with reasonable requests for inspection or treatment.
• If a tenant fails to comply with reasonable requests for preparation measures or otherwise unreasonably fails to comply with reasonable bedbug control measures, a landlord may bring an action for injunctive relief or damages suffered as a direct result of the tenant's failure.
• A tenant’s unreasonable failure to completely comply with the pest control measures could even result in the tenant's being financially responsible for all pest control treatments of the dwelling unit arising from his or her failure to comply.

 

More on Bedbug Laws

For more information and specific laws, see:

• Chicago’s Bedbug Law
• Michigan’s Proposed Bedbug Law
• Maine’s Bedbug Law
• State Bed Bug Specific Laws & Rules