FAQ: tenants, landlords, owners, and bedbugs
By nobugsonme on Oct 22, 2006 in FAQs, alberta, bed bugs, bedbugs, british columbia, california, canada, chicago, dc, housing laws, illinois, information and help, landlords, lawsuits, legal, massachusetts, multi-unit buildings, new jersey, new york, nova scotia, ontario, prince edward island, quebec, tenants, treatment, usa, washington
One of the first questions renting tenants, co-op owners and condo owners ask, when confronted with bed bugs, is: who’s responsible for paying for their elimination?
The laws vary. We are not lawyers. There may be inaccuracies or errors or speculative comments below. Use what you find below as a starting point, verify the laws in place in your location, which apply to your housing situation, and work from there.
If you are a tenant (renter), please find out the laws in your area about the responsibility of landlords vs. renters to eliminate a bedbug problem. A local tenants’ rights organization probably exists in your city, and they’re probably the best free source of information regarding landlords’ responsibility to pay for treatment. Remember that you, the tenant, also have responsibilities, like reporting infestations promptly (doing so in writing protects you legally), and complying with treatment. Responsibility is not always a clear-cut matter, so please use this FAQ as a starting point, and realize that you may need to figure out how the local laws define your dwelling, your status, and who is required to pay.
See below for information on Australia (only Western Australia law covered so far), Canada, and the US. If your country, state, province, or territory is not mentioned, or you know of online information about bed bug laws in your locality, please help us by posting a link in the comments below.
Regarding Australia, reader Cody writes,
Tenants in Australia are covered by the Residential Tenancies Act 1987 (which has slightly different versions for each state, though are mostly the same). For Western Australia section 42 states the owner:
(a) shall provide the premises in a reasonable state of cleanliness;
(b) shall provide and maintain the premises in a reasonable state of repair having regard to their age, character and prospective life; and
(c) shall comply with all requirements in respect of buildings, health and safety under any other written law in so far as they apply to the premises.It doesn’t specifically mention bed bugs or other pests, and I haven’t found any state health and safety legislation for buildings yet, but owners have been prosecuted for bed bugs using this legislation, see: Chessels v Wood (Residential Tenancy) [2004] NSWCTTT 306 (8 June 2004).
In these cases the owner is always responsible, not the real estate agent or a head-tenant or anyone else. It’s the owner that you must take to magistrate’s court.
The main caveat is that not everyone will be considered a tenant - specifically borders and lodgers are excluded. A court can also deem this law will or will not apply to you using Section 84.
If you’re not covered by the Residential Tenancies Act, you may be able to use another law to pursue a case.
In Canada, so far, we have specific information for British Columbia below. But a roundup of links to laws on all areas in Canada can be found here on the CBC website.
In the USA, so far we have information for Baltimore, MD, New York City, New York State, New Jersey, Chicago, Florida, the District of Columbia, Boston, MA, San Francisco, CA, and Rhode Island.
Consumerist has links to Landlord Tenant Law for Every State, which should help you if nothing below does.
Baltimore, MD
The law appears to be that landlords are responsible for eliminating pests only if they occur in more than one unit. Peoples-law.org says:
Rat proofing and pest extermination
Where infestation occurs in the shared or public areas or in 2 or more dwelling units in a building, the owner is responsible for extermination of rats, insects, or other pests.
All dwellings and dwelling units must be rat-proofed and kept in a rat-proof condition by the owner. Rat proofing includes but is not limited to: 1) using rat impervious material to block all passages by which rats could enter from outside; and 2) paving basements, cellars, and other areas in contact with the earth; eliminating rat breeding places by keeping areas clean; removing rats’ nests, etc.
A landlord with any sense would pay to have bed bugs removed from one unit, rather than waiting until they spread to multiple units. And I would, if I were a tenant in Baltimore with bed bugs, try and negotiate politely with the landlord on that basis.
See the source of the Baltimore information cited above here.
New York State
From the New York State Attorney General’s Tenants Rights page:
LANDLORDS’ DUTY OF REPAIR
Landlords of buildings with three or more apartments must keep the apartments and the buildings’ public areas in “good repair” and clean and free of vermin, garbage or other offensive material. Landlords are required to maintain electrical, plumbing, sanitary, heating, ventilating systems and appliances landlords install, such as refrigerators and stoves in good and safe working order. Tenants should bring complaints to the attention of their local housing officials. (Multiple Dwelling Law (MDL) §78 and §80; Multiple Residence Law (MRL) §174. The MDL applies to cities with a population of 325,000 or more and the MRL applies to cities with less than 325,000 and to all towns and villages.)
New York City
Many times, people on this site (myself included) have said, “the landlord is responsible for paying for elimination of bed bugs in New York City.” This is true in most cases. You’d be forgiven for thinking it was all cases, as this Real Estate article from the New York Times (last October) implies. The FAQ has always stated clearly that there are exceptions (such as buildings with 3 or fewer units) where tenants may be responsible. To be honest, we’re not sure about where those exceptions occur, but it seems to hinge on whether you’re defined in some cases as an “occupant in charge of the dwelling” (which tenants in larger buildings apparently are not).
It appears to be true, according to the information below, that landlords must arrange and pay for elimination of bed bugs if you are a renting tenant, AND:
1. Your apartment building has 3 or more rental units, OR
2. You live in NYC-owned housing.
There may be other exceptions, and the resources below should help you figure out if you’re an exception.
In NYC, in most cases, landlords are responsible for eliminating insect problems, including bedbugs. You can read more about the laws here: NYC Rent Guidelines Board, Ch. 2 of Housing Maintenance Code, or here: Met Council on Housing’s Bedbugs page. (If you’re not sure of your rights on any issue related to renting in NYC, call Met Council, a non-profit tenants’ rights organization.)
Subchapter two of the NYC Housing Code:
Sec. 27-2017 Definitions
When used in this article:
1. Eradication means the elimination of rodents or insects and other pests from any premises through the use of traps, poisons, fumigation or any other method of extermination.
2. Insects and other pests include the members of class insecta, including houseflies, lice, bees, cockroaches, moths, silverfish, beetles, bedbugs, ants, termites, hornets, mosquitoes and wasps, and such members of the phylum arthropoda as spiders, mites, ticks, centipedes and wood lice.
3. Harborage means any condition which provides shelter or protection for rodents or insects and other pests.
[back to top]
Sec. 27-2018 Rodent and insect eradication; mandatory extermination1. The owner or occupant in control of a dwelling shall keep the premises free from rodents, and from infestations of insects and other pests, and from any condition conducive to rodent or insect and other pest life.
2. When any premises are subject to infestation by rodents or insects and other pests, the owner or occupant in control shall apply continuous eradication measures.
3. When the department makes the determination that any premises are infested by rodents, insects or other pests, it may order such eradication measures as the department deems necessary.
Subchapter two of the NYC Housing Code clearly states that bed bugs must be eradicated by the “owner or occupant in control of a dwelling”:
But here’s where it gets confusing: If you are a tenant (renter), are you the owner? No. But are you the “occupant in control of a dwelling”? Sometimes. This may be true if the property you’re renting is, for example, a house with a rental unit or two. The same kinds of buildings, I assume, where landlords need not issue leases. Please seek advice from Met Council or a lawyer.
Here’s the Rent Guidelines Board’s information on Warrants of Habitability and Landlord’s Duty to Repair:
WARRANTY OF HABITABILITY
Tenants are entitled to a livable, safe and sanitary apartment. Lease provisions inconsistent with this right are illegal. Failure to provide heat or hot water on a regular basis, or to rid an apartment of insect infestation are examples of a violation of this warranty. Public areas of the building are also covered by the warranty of habitability. The warranty of habitability also applies to cooperative apartments, but not to condominiums. Any uninhabitable condition caused by the tenant or persons under his direction or control does not constitute a breach of the warranty of habitability. In such a case, it is the responsibility of the tenant to remedy the condition. (Real Property Law §235-b)
Note that the landlord has responsibilities, but the tenant does too. We have not heard of any tenants who were forced to pay because they “caused” the “uninhabitable condition,” but the possibility is there.
The above item also seems to imply that co-ops are responsible for eradicating pests, not the individual owners. Readers who are co-op owners have claimed that owners are responsible, but this implies they aren’t. Perhaps someone who is an expert on housing law can clarify this. The New York Times article from October implies co-op and condo unit owners are responsible except,
In some instances the building might be responsible — if, for example, bedbugs have affected multiple apartments, and their source is not readily traceable or attributable to a particular unit owner.
Back to the Warranty of Habitability:
If a landlord breaches the warranty, the tenant may sue for a rent reduction. The tenant may also withhold rent, but in response, the landlord may sue the tenant for nonpayment of rent. In such a case, the tenant may countersue for breach of the warranty.
Rent reductions may be ordered if a court finds that the landlord violated the warranty of habitability. The reduction is computed by subtracting from the actual rent the estimated value of the apartment without the essential services.
A landlord’s liability for damages is limited when the failure to provide services is the result of a union-wide building workers’ strike. However, a court may award damages to a tenant equal to a share of the landlord’s net savings because of the strike. Landlords will be liable for lack of services caused by a strike when they have not made a good faith attempt, where practicable, to provide services.
In emergencies, tenants may make necessary repairs and deduct reasonable repair costs from the rent. For example, when a landlord has been notified that a door lock is broken and willfully neglects to repair it, the tenant may hire a locksmith and deduct the cost from the rent. Tenants should keep receipts for such repairs.
I would not undertake any of the above (eg making your own repairs) without seeking legal advice. If you’re renting, call Met Council on Housing for more information on the laws and what to do, or consult a lawyer.
Met Council on Housing advises tenants in New York City. Their Bedbugs Fact Sheet says:
Tenants’ Rights: Apartment Buildings and Hotels
Obviously, multiple dwellings offer bedbugs the perfect environment, since the bugs can hide in the walls while one unit is cleaned and then appear in another, or return to reinfest the original room or apartment. Hotels traditionally have had difficulty removing bedbugs, because bedding is often carried from one room to another, and while one infested unit might be cleaned, it’s rare for the entire hotel to be shut down so all the rooms can be fumigated.For tenants in New York City, the right to a bedbug-free environment derives from the city’s housing and maintenance code-which specifically names bedbugs, along with a number of other unpleasant pests. The landlord has an obligation to eradicate the infestation and to keep the units from getting reinfested. If your landlord refuses to take the necessary steps, you can file a complaint with the city department of Housing Preservation and Development (call 311) or take the owner to Housing Court in an HP action. As with any problem you have concerning repairs or services, it is important to notify the landlord of the condition in writing (send by certified mail, return receipt requested, and save a copy) and to let the owner and manager know what steps you expect them to take.
Note, again, this says “apartment buildings and hotels.” Many of NYC’s housing laws vary when applied to small-scale landlords, who rent out an apartment or a few. If this describes your situation, you need to look into your lease and if you do not have one (which probably means you’re in a very small building with fewer than 3 units), seek advice from Met Council or another source. There’s no one-size-fits-all answer, and people have to be aware of which laws apply to their situations.
If you live in housing run by the New York City Housing Authority, read this.
Any NYC tenant can call 311 and report a bedbug infestation. Information on how to do this, and what will happen next, is here. You might feel like you don’t want to do this, for example if your landlord is your friend, and you think they might be more helpful if a complaint is not formally made. You might prefer simply to deal with the landlord directly. However, don’t forget about this option if your landlord is slow to act, wants you to pay for extermination, or hires bad exterminators. When you’re being bitten by bloodsucking monsters, not getting any sleep, and walking around with ugly welts and sores, any warm feelings you have for landlords who are not quick to respond will undoubtedly go right out the window.
Calling 311 will mean the city sends a housing inspector to inspect your home for bedbugs, the inspector files a report, and this forces your landlord to eliminate the problem within 30 days. (I am not sure what happens if your problem is so severe that it takes more than 30 days to eliminate, but this is what I heard.) Your report will become part of the building violations listed here.
Under Housing Violations Look-Up on the right hand side of this page, type your building number and street name; you may be surprised to find someone else in your building has already reported a bedbug infestation! (You may also find rat or mouse infestations, which can cause bedbug infestations.) Violations are removed when they are fixed.
Finally, there are some links to information on taking legal action.
This is the website from the City-Wide Task Force on Housing Court. It is general (not specific to bedbugs) but does tell you about the process of taking a landlord to court. Most importantly, though most of us won’t go to court, we need to keep good records (log of actions taken such as calls to landlord, pictures of bites, copies of doctor’s records if they inspect bites, copies of allergy medication prescriptions which are related to infestation, photos of bugs, samples of bugs, carcasses, or waste droppings, photos of items wrapped for storage, pictures of destroyed and discarded furniture, receipts for everything from prescriptions to vacuum cleaner bags, storage tubs and bags, new furniture, pesticides, and exterminators).
This is NYC lawyer Steven DeCastro’s housing information page (for tenants) on bedbugs, and this is a desctiption of the Judge’s Decision on Peter Young’s case. Peter Young was a tenant with bedbugs who was given a 6-month 45% rent abatement.
New Jersey
This is the relevant section of LSNJ Law which describes the warrant of habitability laws. Among other things, the warrant of habitability says rental units must be kept pest-free.
Using the housing and health codes
As discussed in the preceding section, rental units must meet city and state housing and health codes. The codes list the requirements that the landlord’s property must meet so that it can be approved as a safe or “standard” building. The codes deal with heat, plumbing, security, roofing, pests, and other serious defects like weak walls.
If you feel that the conditions in your apartment or house are defective, unlivable, or dangerous, tell your landlord. If your landlord fails to make the repairs in a reasonable period of time, call the local building inspector and ask him or her to inspect the property as soon as possible. If you can, be present when the inspector does the inspection so that you can point out all of the problems. Ask for the inspector’s name, and ask him or her to send you a copy of the report.
If the needed repairs present a sanitation problem, such as a sewage leak, call the city or county board of health. Ask for an inspector to check the condition. When the inspector comes, get his or her name.If the inspector finds code violations, he or she will send a letter to the landlord listing the code violations. This letter will advise the landlord that a reinspection to check whether the repairs have been made will take place on a certain date.
Some housing and health code inspectors do not send the tenant a copy of the inspection reports or inform the tenant of the results of the inspection. As a tenant in the property, you have a right to receive a copy of these reports, and you should make sure to ask that copies of all reports be sent to you.
We are not lawyers and don’t live in New Jersey, but this should give you a starting point. Whether you or the landlord is responsible to pay may also depend on the type of home, the lease terms, etc. There are tenants’ organizations everywhere. The NJ one, New Jersey Tenants’ Organization, may be able to advise you further.
Chicago
From the Metropolitan Tenants Organization, in Chicago. Chicago Bedbugger S. says,
This is the Landlord/Tenant Ordinance. It says specifically, under “What must my landlord do to maintain the condition of my apartment?”, that your landlord must “Protect you against rodents and insects by exterminating.”
This worked for me with my landlord.
Thanks, S!
I was not able to find much information on Chicago, and nothing mentioned bed bugs specifically (as was the case in some places where articles have been written about this issue). Please do your homework and realize that the codes are kind of vague in places.
Also click to load PDF of this document from the Chicago City Clerk’s office (see page 12 which specifically mentions “failure to exterminate insects, rodents, or other pests” as one situation in which tenants have grounds to terminate the lease, but you need to give the landlord written notice with 14 days to remedy the situation, in which case, the lease won’t be terminated. We’re not lawyers, please read it carefully and do your research, consult a lawyer if you’re going to take serious action like this.)
Florida
From this site: Florida Residential Real Estate Law:
General Landlord Duties
Landlords are required to deliver possession of the rental property to the renter when the lease period begins. Failure to do so may entitle the renter to sue for damages. A landlord must ensure that residential property is habitable. This includes complying with all building, housing and health codes. Roofs, windows, screens, doors, floors, steps, porches, walls and other structural elements must be kept in good repair. Certain pests (e.g., rats, mice, roaches, ants, bedbugs) must be exterminated, common areas kept clean, garbage removed, heat made available in the winter, as well as heated, running water throughout the year. Landlords requiring access to a tenant’s residence for repairs must give the tenant reasonable notice, which is defined as at least 12 hours prior to entry. If a landlord fails to keep up with required repairs, a tenant should give the landlord written notice of the noncompliance. If the landlord fails to make the repairs within seven days of receiving notice, the tenant has the right to terminate the lease.
(Editor’s note: I’m not sure how those terms translate when pests are involved.)
Doug Summers writes:
In Florida, the landlord tenant law is FS Chapter 83. Under F.S. 83 pest control is listed under the Obligations of the Landlord.
A Seven Day Notice To Correct is a letter that specifies in detail the problem that needs to be corrected (exterminate the bed bug infestation in this case). F.S. 83 states that the tenant may break the lease without penalty if the landlord fails to address the notice. Constructive eviction is a also a possible defense to break the lease, but the 7 Day Notice to Correct letter is the usual starting point.
A personal injury civil lawsuit is another potential option.
Also check to see if your deposit was placed in an escrowed bank account by the landlord. If the landlord places the deposit funds in their business or personal bank account (or intermingle the funds in a non-escrowed account) they have violated the law and are not permitted to retain any of the deposit regardless of any damage or contract issue that may exist.
Most private landlords in Florida fail to place the deposit funds in an escrow account.
You can download a copy of the law at myflorida.com
Florida law usually favors the rental tenant in a bed bug infestation situation, but needless to say you should consult an attorney about the specifics of your situation if you expect civil litigation with your landlord.
Remember, we are not lawyers, nor do we give legal advice. Consult an attorney. Legal aid or local tenants’ groups may also be of assistance: consult the phone book.
Rhode Island
This is what we know: this article from the Brown student newspaper says,
. . . according to Rhode Island’s “Housing Maintenance and Occupancy Code,” the infestation is the tenant’s responsibility if it is in one dwelling unit, but the owner’s responsibility if it is in more than one dwelling unit.
If you’re in Rhode Island, I would verify this with a tenants’ advice bureau. And if it’s true, I would caution anyone against assuming you are the only infested unit even if your landlord says you are, even if the neighbor says you are. Call a group that gives tenants advice, and find out what they suggest.
Boston
Apparently there’s a division of the Boston Housing Dept. Inspectional Services (ISD) that works as Bed Bug Inspectors. Click the following link to load a PDF of their Bed Bug Advisory Sheet, which says briefly what bed bugs are, and notes that landlords (or “owner’s) are responsible for eradicating the problem. (Apparently they were in such a rush to get it out, they did not proofread. But fighting bed bugs trumps grammar, for this allergic English major.)
Here’s what they do:
To effectively address bed bug infestations in Boston, ISD endeavors to educate inspectors, property managers, exterminators and the general public on the nature of bed bugs, bed bug prevention and the proper extermination of bed bugs. We endeavor to assist owners, tenants, and pest control operators in exterminating for bed bugs by attending extermination visits, assisting with education & preparation and by sharing our knowledge and experience on best practices.
Bed Bug Inspection Orders:
- We require written extermination reports, within 14 days of a notice of violation, and prior to closing a case. Although Bed bug infestations do not get resolved quickly, we endeavor to work with owner’s who have contracted licensed Pest Control Operators, who have treatments programs in place, and who provide written documentation on the treatment programs.
- Our Standard bed bug notice of violation also requires that owners inspect all units in the dwelling, and they must treat all horizontally and vertically adjacent units to the infested unit(s).
Let me repeat: the laws applicable in Boston require landlords to treat all horizontally and vertically adjacent units, and to inspect every unit in the building. Are you listening, New York?
In Boston, they’re actually proactive about bed bugs:
Education & Outreach: Boston ISD has conducted various outreach efforts over the years which:
- Targets areas with a concentration of infestations.
- Educates and offers inspections to those residing in the targeted area.
- Engages & educates the local community leaders and activists.
- Utilizes the media attention to educate and raise awareness of residents in all parts of Boston.
If a landlord is notified by tenants about bed bugs, and does not eliminate them, tenants should call the Housing Inspection Division at (617) 635-5322.
The city has a flyer for students new to Boston, about rental housing, which includes a brief but informative section on bed bugs. It explains the laws, and also gives advice about dismantling or destroying infested furniture before discarding it. It says that anyone leaving rental housing in Boston that is infested with bed bugs should call both their landlord and the city (at the number above). This seems helpful, since the city is identifying infested units and can enforce treatment before further rentals. (What would be really helpful is if the city had to be notified of every infestation along with the landlord, not just when someone leaves an infested unit.)
Tha Allston Brighton Community Development Corporation also has its own factsheets on bed bugs in English, Portuguese, and Spanish (click the previous links and you’ll see these). The fact sheet says that if your Boston landlord does not respond to your request for extermination of bed bugs, you can call the city Housing ISD as above or the Boston Public Health Commission at 617-534-2865; you can even make an anonymous tip about bed bugs to the city via the 24-hour city hotline at 617-961-3297.
The Allston Brighton CDC Bedbug Eradication Program even offers monetary assistance with extermination (the money, by the way, came from state funds and a private corporation):
The Allston Brighton Bedbug Eradication Initiative provides education and assistance to Allston Brighton tenants and property owners who have been affected by bedbug infestations.
Extermination Incentives For Property Owners and Homeowners
Property owners who are treating units in Allston Brighton can receive up to $200 for each unit. Homeowners in Allston Brighton also qualify for this assistance. To qualify, you must provide the following documentation:
- Proof of ownership.
- Address and unit number of each Allston Brighton unit being treated. Only apartments in Allston Brighton are eligible for these funds.
- An Integrated Pest Management Plan (IPM) for every unit. Bedbugs are difficult to treat and the pesticides used are toxic. An IPM is necessary for effective treatment.
- Detailed prevention plan for every unit. Describes how you will prevent another outbreak from happening
To apply for funds (from 9/06 until they run out), please print and fill out the tenant intake form or the property owners/homeowners intake form, attach the necessary documentation, then send the forms to:
Bedbugs Eradication Initiative
Allston Brighton CDC
320 Washington St., 3rd floor.
Brighton, MA 02135
San Francisco
Bedbugger Deb, meanwhile, found a PDF which details the requirements for dealing with bed bugs in San Francisco. I have to admit, I am impressed with the document, which details requirements for both rental apartments / houses and hotels: it includes requirements both for swift treatment of infestations as well as for staff training for hotel employees, apartment building managers and so on. It also details what tenants need to do to prepare for treatment. Other cities could take a lesson from the San Francisco approach. Click here to load the PDF.
Washington D.C.
I took the following information off of a Washington Post real estate advice column. It appears that in D.C., the landlord’s liability depends on whether only one apartment is infested or not. According to Sara Gebhardt’s column in the Washington Post (3/2/2007), in which she responded to a Washington DC tenant whose landlord was refusing to pay for bed bug treatment,
Your landlord has an obligation to manage the infestation if your unit is not the only one infested. Talk to your neighbors and find out if they have bedbugs, too. Chances are they do, as those critters generally launch large-scale attacks on apartment buildings.
According to Section 805 of the District’s housing code, landlords have to do their part to keep out vermin and rodents. Part 805.3 of the law states, “If an infestation of a single habitation is caused by failure of the owner or licensee to maintain a residential building in a rodent-proof or reasonably insect-proof condition, the exterminating shall be done by the owner or licensee.” (By “owner or licensee” the law means what most people would call a landlord.)
Additionally, Section 805.5 holds, “The extermination of vermin and rodents shall be done by the owner or licensee whenever infestation exists in two (2) or more of the habitations in two-family or multiple dwellings.”
She adds later,
Any evidence you can dig up that your neighbors also have bedbugs will help persuade your landlord to deal with the extermination. At the very least, if he does not respond, it will serve as a substantial basis for filing a complaint with the local housing office.
Vancouver
Click here to read Vancouver Coastal Health’s pamphlet on bed bugs: Click here to load a PDF.
Reader Sean (a Canadian Pest Control Operator and entomologist) reports on Vancouver, British Columbia:
In October of this year the city of Vancouver BC has extended the responsibilities of a landlord to include bed bug erradication.
Their are some loopholes, like the client must cooperate with the pest control companies.
In addition, as of February 2007 it will be illegal for landlords to apply any pest related chemicals within a suite other than their own personal living space. If they would like to do so they will need to become a licensed pest control operator.
Thanks, Sean.
Disclaimer: Bedbugger does not offer legal advice. Do the research on where you live (even if you live in NYC), find out your rights, and demand they’re met! Do not assume that the laws are the same everywhere else. Do not assume that since Peter Young’s case was successful, that you should withhold your rent. Contact a lawyer to discuss your legal situation.
Remember also that tenants have responsibilities too, and it’s always possible someone is going to try to use that section of your local code to blame you for an infestation. Talk to a lawyer if this happens, and make sure the lawyer learns how difficult it is to prove fault with bed bugs, even in the face of apparent evidence. (This can work in your favor as well as against.)
Please do leave a comment below containing links to any useful sites about tenants’ rights relating to bedbug infestations for your locality (any city, state, country). I will do my best to make sure this information is included here and saves someone else the trouble of hunting it down.
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Furious Tenant | Feb 8, 2007 | Reply
Hi,
I had rashes a couple of months back. I thought those rashes were from allergies so I went to see a couple of doctors. They all told me the rashes look like insect bites. A couple weeks later, I found one bed bug on my bed and from then on I found more than ten by now. I complained to my aprtment to have my apartment sprayed. Terminix came and sprayed but the bed bugs never go away. Until now, an eternity since I’ve first got bitten, I’m still bitten by bed bugs and see them on my wall occassionally. I just killed two a couple of minutes ago. The worst part is my apartment (NORTHPOINT APT) don’t ever rent an apt there. They said they’ve hired Terminix to spray my entire apt again last Tuesday. However, just because I left my blanket and two pillows (WITHOUT SHEETS) on by bed, they refuse to spray the entire apt, claiming that I had not done the pretreatment preparation when in fact I’ve done everything (wash all my clothes, dry clean my blanket, vacuum my apt, etc). This pissed me off, I told them they can go ahead and spray my blankets and pillows. I had just slept on them in the morning and that’s why they are on my bed! I’m an acountant and this is a busy season, so this bed bug problem is really making my life miserable. The fact that this has been going on for months also pissed me off. I’m alergic to bed bug bites, one bite will itch for at least a week. Can somebody help me? Maybe you know of a better bed bug exterminator? Any lawyer so that I can sue my apartment?
Thanks,
ICHEUMON | Mar 5, 2007 | Reply
27-2018 NY
By the way “occupant in control” can certainly
be and has been in some cases to be the primary
tenant, hence the question as to who really is
responsible. Unfortunately the bed bugs don’t care.
See NYC laws below.
1. The owner or occupant in control of a dwelling shall keep the premises free from rodents, and from infestations of insects and other pests, and from any condition conducive to rodent or insect and other pest life.
2. When any premises are subject to infestation by rodents or insects and other pests, the owner or occupant in control shall apply continuous eradication measures.
nobugsonme | Mar 5, 2007 | Reply
Hi Iceheumon,
I see what you’re saying, and the wording is certainly a source of confusion. But most tenants are not “occupants in control.” The city of NY tells us landlords are responsible for eradicating pests.
Could you give us some examples of situations where the “occupant in control” is the renting tenant?
Thanks!
S | Jun 22, 2007 | Reply
Hey Nobugs, can you please add Chicago to this list?
This is the Landlord/Tenant Ordinance. It says specifically, under “What must my landlord do to maintain the condition of my apartment?”, that your landlord must “Protect you against rodents and insects by exterminating.”
This worked for me with my landlord.
buggedout | Sep 3, 2007 | Reply
We live north of NYC by 30 minutes. I live in an 8 unit building, and although I posted anonymous fliers, no one will admit they are having a problem but me. We are afraid our landlord will evict us if we say something. We are sure to be blamed, yet it also our duty to report it. I am broke from PCO’s, laundry, special products and mattress protectors. I do not know what to do. Do we tell him and force him to deal with the problem? Or will get blamed and evicted? We have been living in this apt. for nearly 2 years, and after my boyfriend returned from London, about 3 weeks later, we noticed bedbugs. We have rodent and roach problems as well in this bldg - still battling those -and I am very clean.
nobugsonme | Sep 3, 2007 | Reply
Buggedout,
Sorry you are going through this.
Why would you be blamed? I assume you mean because you’re the first to report, and yes, that is often a problem. However, a PCO who knows what they’re doing will tell the landlord that other units are infested, as I’d guess they are.
It is unlikely that you can get rid of them if your neighbors have them and they are not aggressively treated there at the same time.
I don’t know if you can be evicted. Look in your local phone book for a tenants’ rights organization or try talking to some social service agencies.
Rodents CAN lead to bed bugs if the rodents die or are removed, and they had bugs feeding on them.
Does your landlord live in the building?
I guess a lot depends on how intelligent your landlord is, how much they pay attention to the news. Word is starting to spread.
James Buggles | Sep 3, 2007 | Reply
It’s not that easy to evict someone. Learn about your rights. You need not be afraid.
buggedbadger | Sep 5, 2007 | Reply
buggedout:
I am a landlord in Wisconsin (and a bedbug victim). If your landlord attempts to evict you for bringing bedbugs into the building, you will have to appear in housing court. Keep receipts, take photographs. If you have evidence that you have taken reasonable measures to mitigate the problem it is unlikely that an eviction will succeed. Just as with a tenant breaking a lease, the tenant would have to show that the landlord took almost no action to resolve the problem.
This does not mean that the landlord will be required to renew your lease when it comes up, but check NY law on lease renewals. I do not think if you have evidence of working on the problem you will be subject to eviction. But you will have to notify the landlord (by registered mail preferable). If you do not then you could certainly be in a worse position before the bench.
I’m no lawyer, and this is not legal advice, but I suggest you make sure the landlord is properly notified.
As to the notices you put up, keep in mind that other tenants may not even anonymously want to identify that they have an infestation, due to the remaining stigma.
bedbugeeinCT | Sep 6, 2007 | Reply
(Sorry this is so long!)
I’m a 3 year resident of a 40 unit apt in West Haven, CT. Last Tues (8/28/07) I found a notice at my door informing me (and 8 other of the 12 apartments in my wing of the bldg) that bedbug inspections were to begin the coming Thursday (8/30/07) at 1:00 pm. On the notice was a list of actions I was to complete before the PC company arrived. I was expected to “…complete these steps on the extermination day, all at once, all in one day…”
The list included removing and laundering in hot water all cloth items from ALL rooms, closets, drawers, etc.; removing all clutter (including knick-knacks, picture frames, etc.), destroying and discarding infested items & furniture; and vacuuming ALL surfaces with a stong-suction vacuum. All by 1:00 pm.
Then I am to have the PC co. treat the home & furniture.
The day before the inspection was scheduled, I knocked on doors and spoke to some of the other tenants listed on my notice. Not ONE of them planned to make ANY effort to comply, one even saying, “If they find something, THEN I’ll deal with it…” I found at that 2 tenants had already moved out last month, citing bedbugs as their reason, one in the apt directly below mine! Creeped out at the thought, I went poking around. Sure enough, now I got ‘em!
Needless to say, though I began at 6:00 am, I was only able to complete about 3/5th of the list. I called the Super to let him know that I wasn’t able to finish. He began to chastise me for waiting til the last minute to let him know, at which point (I’m afraid) I kinda’ lost it. I told him I was working on it, that I’ve already thrown away 1/2 of my winter wardrobe (can’t wash wool in hot water!) but that he didn’t give a hell of a lot of notice, now, did he?!?
He immediately changed his tone (an absolute shock, if you knew this guy!) but he assured me that ‘the pest guys will work with’ me.
‘Working with me’ was comprised of the guy walking in the door with a capless can of insecticide. I told him I’d already found the bugs, but I didn’t have enough notice to comply with the instructions properly. He emptied the can on my mattress, and opened another can to use on my boxspring and the recliner I’d found my first bug on. He told me I’d have to get the recliner out myself (I’m on the 3rd floor!).
And that’s where it stands. I haven’t heard anything from anybody (I’ll admit, I’ve barely been home since, but I can’t help but feel we’re going at it in a less than efficient way. I REALLY just want to move out, if I’m just going to be reinfested over and over again….
Does anyone have any advice, or perhaps knows of legal resources in my area? How much IS the tenant expected to do?
Thank you.
nobugsonme | Sep 6, 2007 | Reply
bedbugeeinCT,
Let me see if I understand this: are you saying that you were there for the PCO’s entire visit and ALL he did was spray mattress and recliner?
It’s essential that the actual apartment be treated, as well as the undersides and insides of wooden furniture. Bed bugs can hide in cracks. It’s not just about upholstered furniture.
And did he only use one substance? That too is not good. But treating only furniture is ridiculous.
bedbugeeinCT | Sep 6, 2007 | Reply
Yes, ONLY the mattress, boxspring and recliner. He said it’d be pointless to do the rest til I’d complied with the list first.
I’ve covered the mattress/boxspring with the zippable dustmite covers, but I already KNOW that the spray was inadequate for the chair, because of the overstuffed styling, and tufty, loosely woven fabric (he said it ‘lasted’ for two weeks, a residual insecticide, I imagine, but I didn’t catch the name on the can).
He told me that I’D have to clean the furniture, especially the undersides of drawers, etc., but then he also said that bedbugs can’t crawl more than 15 feet (!), so I’m not all that trusting of his training in general.
When I told him that I’d spoken to a girl who lives in my wing, but was not one of the apartments to receive a notice; she showed me a ’spider bite’ (or so she thought) on her neck/shoulder that she said had been itching her for two weeks. It was actually 3 welts, all in a row….
He told me to tell her to call the company.
hopelessnomo | Sep 6, 2007 | Reply
Instructing tenants to destroy infested furniture sight unseen is very bad policy. Most things are treatable and this is really amazing.
Not wanting to treat until the tenant prepares fully is more common; I’ve heard of that.
Typically, PCOs need access to your furniture and walls, closets, dressers, etc. If there is a lot of stuff, they can’t work. Laundering and bagging clothes is standard, but I still can’t get over the destroying of furniture.
You should probably do your best to prepare (vacuum and create space for the PCO to work) and make sure the second visit happens asap and the whole apartment is treated.
bedbugeeinCT | Sep 7, 2007 | Reply
Thank you both so much! I’m reluctant to tell anyone in my world about all this, it’s SO reassuring to finally feel I’m not alone in all this!
My former apartment was a 2 bedroom, and this is a small (20′ x 14′) studio, so I DO have a lot of stuff. And I completely understand that the best chance of effectiveness lies in performing all of the preliminary work.
My newest questions:
1. Shoes: The PCO said to examine my shoes carefully and vacuum them thoroughly, but I can’t see into the toes (where I’d think they’d most likely be) and I only have an upright vacuum, no attachments. Today is sunny and expected to be in the mid-80’s. If I bag all my shoes in black trashbags and leave them on a black pavement in full sun, how long should I leave them there before I can be confident any stowaways are cooked?
2. Video/DVD/books/magazine collection: Is there ANYTHING I can do to save them? Thankfully, it’s not an extensive video/DVD collection, but the books and magazines are mostly professional journals and references that I use on a regular basis. It would be extremely difficult (not to mention expensive) to replace them. Should I try the black bag/pavement/sun treatment? Someone suggested ‘baking’ them in my (tiny) oven at 200*F for 4 hours. Is that more feasible?
3. Electronics: I asked the PCO about treating my computer, tv/dvd/video player/stereo equipment, but he just shrugged and mumbled. What should I be watching for in regards to them, when he comes to treat next time? Is there anything I can say, or do myself?
4. The PCO said I wouldn’t have to empty kitchen cabinets, as they’ve never found evidence in any kitchen. Considering that the infested recliner sits about 6 feet from the sink (it’s a studio, after all), should I trust that?
nobugsonme | Sep 7, 2007 | Reply
To be honest, I would simply do what he told you to (as well as washing and drying and bagging clothes as per our FAQs). You need to get proper treatment right away. If he is using the proper materials to treat you, bed bugs should come out of those places if they’re there, (trying to bite you), encounter poisons, and die.
There are different theories on dealing with stuff (shoes, books, electronics, etc). Read the FAQs for more.
He will need to retreat in 10-14 days. And repeat that until they’re gone. I would say that the norm is more like 3-5 treatments.
You should be aware that some landlords have used tenants not being ready for bed bug treatment as a cause for eviction. It was legal, but sinister: your landlord did not allow enough time and such a move would probably not hold up in court in such circumstances. But I hope your neighbors get with it, and prep. Because if they have bed bugs, so will you.
If you have more questions, feel free to post in the forum, since this is kind of off topic of the FAQ now.
nobugsonme | Nov 16, 2007 | Reply
Updated to add Baltimore. Thanks to buggedoutinbaltimore for the info.
Baltimore, MD
The law appears to be that landlords are responsible for eliminating pests only if they occur in more than one unit. Peoples-law.org says:
A landlord with any sense would pay to have bed bugs removed from one unit, rather than waiting until they spread to multiple units. And I would, if I were a tenant in Baltimore with bed bugs, try and negotiate politely with the landlord on that basis.
See the source of the Baltimore information cited above here.
badlybugged | Dec 29, 2007 | Reply
I suggest that renters search and print out the articles (quite a few) that report that municipalities are holding landlords responsible for bb infestation. Send them by cert. mail/return receipt requested to the Property Manager on site and the main office (you might also send a copy to the city department in charge of inspections; here it was Jefferson Parish Building and Safety Code Enforcement). I broke my lease based on guarantee of habitability — it seems to be a very strong argument. I live in Louisiana, USA and found the applicable statue for the Parish in which I lived while renting and quoted the exact wording to the landlady in the letter I sent to her. Another thing that might help is if you talk to the neighbors to find out if they’ve had any problems, if they have — when did the problem start?
Jefferson Parish, LA code:
Louisiana Civil Code: Art. 2696. Warranty against vices or defects
The lessor warrants the lessee that the thing is suitable for the purpose for which it was leased and that it is free of vices or defects that prevent its use for that purpose.
This warranty also extends to vices or defects that arise after the delivery of the thing and are not attributable to the fault of the lessee.
Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
**and**
Louisiana Civil Code: Art. 2682. The lessor’s principal obligations
The lessor is bound:
(1) To deliver the thing to the lessee;
(2) To maintain the thing in a condition suitable for the purpose of which it was leased; and
(3) To protect the lessee’s peaceful possession for the duration of the lease.
Acts 2004, No. 821, §1, eff. Jan. 1, 2005.
h_damle | Feb 1, 2008 | Reply
I am from Minnesota state.
We faced the similar bed bug problem. We asked them to take care of it. Later we came to know our neighbors also had the same problem. We told apartment management that they also need to share the expenses, as its because of their lack of maintenance. They also said that apartments old and were built in 70’s.
Next, my friends’ apartment also faced the same issue. They happened to stay in the same complex. Now I sincerely feeel that it’s the poor apartment maintenance which is causing this problem and our apartment management should take some responsibility for this. Also, they cannot insist upon using a particular pest service, if its not cost-effective - please advise us.
nobugsonme | Feb 1, 2008 | Reply
Hello, h_damle,
I apologize that our information is so incomplete as yet. We do not have anything on Minnesota law. We also aren’t lawyers and can’t give legal advice.
However, here is a resource:
You need to call or visit HOME Line and find out your rights: are you liable to pay for bed bug eradication, or is the landlord? If you are, and you want to fight this, because you feel management is to blame, HOME Line may be able to suggest where you can get free or low cost legal advice. Good luck and let us know what happens!
HOME Line is a nonprofit statewide Minnesota tenant advocacy organization.
nobugsonme | Feb 27, 2008 | Reply
Tentative information on Rhode Island added.
frustratedsleeper | Mar 22, 2008 | Reply
i’m the landlord of a six family unit in nyc. tenants on the top floor and the first floor have recently reported a pest problem. further investigation has confirmed it to be bed bugs. we have realized that the source may be the apartment on the second floor, they having thrown out beds, sofas and furniture about 9 months ago with unsightly black spots on them. stupidly i didn’t realize that the nasty critters that i squished coming back into the building were bedbugs. now i have to get a pco to treat the entire building.
the problem is that the tenant on the second floor is a 90 y.old women and her late 50s y.old son and daughter. they refuse to admit that they have an issue and have refused to let us inspect and treat their apartment. how anyone suffering from bedbugs would do such a thing is mindboggling. is there any legal action that i can take so that i can enter their apartment for treatment? i understand that if we do not treat the entire building it might as well be useless because the apartments will get infested by the alpha apartment again. what can i do about the other apartments that would allow treatment? is there anything that i can tell the other tenants to do in the mean time? and can anyone recommend a reliable and knowledgeable pco in brooklyn, ny area?
nobugsonme | Mar 23, 2008 | Reply
Hi frustrated,
We can’t recommend a specific PCO, though if you go to the forums you will find some people discussing them there. (Forums button top right above.)
We also can’t recommend lawyers or give legal advice. I would assume that there are already laws in place which allow landlords to treat for pests even if tenants don’t want to cooperate. I always assumed landlords had the right to enter the home if necessary.
However, it’s important not just to get in there and spray; you need the tenants in the second floor unit to cooperate with prep for treatment, doing laundry a certain way, etc. They may need to learn more about bed bugs, since most people don’t know anything about them. They would probably find cooperating with treatment much preferable to having the landlord attempt to evict them.
Good luck with that and let us know how it goes.
mangycur | May 5, 2008 | Reply
the Sec. 27-2017 Definitions say the landlord has to get rid of them, but it doesn’t say he can’t try to do it himself. We have all be operating under the assumption that it is illegal for LLs to try to treat the problem with OTC Raid. But has anyone seen a law specifically stating as such?
persona-non-bugga | May 5, 2008 | Reply
To frustratedsleeper:
Consult with an attorney, but there’s a longstanding common law tradition that landlords may enter rented premises without tenant’s express permission in order to make necessary repairs so long as the tenant is given notice beforehand.
This might be a way for you to compel treatment.
Here’s an excerpt from NY State Atty Gen’s Tenants’ Rights Guide, describing this:
——————————
RIGHT TO PRIVACY
Tenants have the right to privacy within their apartments. A landlord, however, may enter a tenant’s apartment with reasonable prior notice, and at a reasonable time: (a) to provide necessary or agreed upon repairs or services; or (b) in accordance with the lease; or (c) to show the apartment to prospective purchasers or tenants. In emergencies, such as fires, the landlord may enter the apartment without the tenant’s consent. A landlord may not abuse this limited right of entry or use it to harass a tenant. A landlord may not interfere with the installation of cable televison facilities. (Public Service Law §228) .
http://www.housingnyc.com/html/resources/attygenguide.html#25
———————————-
nobugsonme | May 7, 2008 | Reply
Mangy,
I contacted a knowledgeable local PCO who said that according to NYSDEC rules, landlords could not treat tenants’ apartments unless they were certified applicators. (It is of course legal for tenants to treat their own units.) He goes on:
“Some supers may be certified applicators but very few and even then they must abide by regulations, business registration and record keeping.
A landlord may purchase non restricted materials and give them to tenants to treat their own apartments.”
But we hope they don’t.
Since landlords are required (in most NYC renting situations) to eliminate a pest problem, not simply to try, then having the tenant self-treat with the landlord’s stuff, or hiring a bad PCO (for that matter) will eventually probably not satisfy the law. Unfortunately, this can mean suffering is drawn out. From a bottom-line standpoint alone, it’s bad business, since other tenants are likely to get the problem too if they haven’t yet.
nobugsonme | May 22, 2008 | Reply
Add to above:
Portland, Maine landlords should treat for bed bugs. If not, call the city inspections dept.
Information from this article about bed bugs in Portland, Maine, which says of Greater Portland,
LADYCIE | Jun 3, 2008 | Reply
I LIVE IN A SHELTER AND I HAVE BEEN BITTEN BY BED BUGS MY HANDS ARE STARTING TO SWELL UP AND I KEEP ON TEELIN MY CASE MANGER IN THE BUILDIN AND THEY SEEM TO DO NOTHING ABOUT THE MATTER CAN I SUE
nobugsonme | Jun 3, 2008 | Reply
Ladycie,
I am not a lawyer and can’t tell you if you can sue. You’d have to talk to a lawyer about that.
However, one positive step you might take to improve the situation would be to talk to more people about this. Do other residents of the shelter have bites? Has anyone seen bed bugs? The more people who talk about this to the management, the better. Good luck!
Cody | Jun 3, 2008 | Reply
You can add Australia:
Tenants in Australia are covered by the Residential Tenancies Act 1987 (which has slightly different versions for each state, though are mostly the same). For Western Australia section 42 states the owner:
(a) shall provide the premises in a reasonable state of cleanliness;
(b) shall provide and maintain the premises in a reasonable state of repair having regard to their age, character and prospective life; and
(c) shall comply with all requirements in respect of buildings, health and safety under any other written law in so far as they apply to the premises.
It doesn’t specifically mention bed bugs or other pests, and I haven’t found any state health and safety legislation for buildings yet, but owners have been prosecuted for bed bugs using this legislation, see: Chessels v Wood (Residential Tenancy) [2004] NSWCTTT 306 (8 June 2004).
In these cases the owner is always responsible, not the real estate agent or a head-tenant or anyone else. It’s the owner that you must take to magistrate’s court.
The main caveat is that not everyone will be considered a tenant - specifically borders and lodgers are excluded. A court can also deem this law will or will not apply to you using Section 84.
If you’re not covered by the Residential Tenancies Act, you may be able to use another law to pursue a case. Likely candidates are the Fair Trading Act for misrepresentation of goods and services, or (long shot) battery and/or negligence laws - this hasn’t been researched.
nobugsonme | Jun 3, 2008 | Reply
Australia included above. Thanks Cody!
Nat | Jul 24, 2008 | Reply
I have bed bugs! About 6 months ago my boyfriend moved into a new complex and I moved in with him. I started getting bit but didnt know what it was, because I was also getting hives ( i have very hypoallergnic skin ) i kept thinking it was something I was eating or just allergies, we then moved to a new apt in the same complex and its gotten worse! I wake up itchy in the middle of the night and by morning I have welts! On the ways I sleep on the couch ( which now I see is a bad thing) i dont get bit up as much, although now that I’m starting to sleep on the couch I’m afraid I’ve made a bad problem worse. We were going to shop for a new bed this weekend but after finding out more I’m afraid of bringing anything in here that will get infested.. I’m so frustrated and itchy!!! Should I wait on buying a new bed???
nobugsonme | Jul 24, 2008 | Reply
Nat,
Please spend some time reading the other FAQS. There is a lot of discussion over what to do and what not to do.
Start with this one (Dos and Don’ts). Then read the Bed FAQs.
Then read the others here as you need them.
You probably should not buy a new bed yet, but I won’t go into all the details about why since this is covered in the FAQs.
karmac99 | Aug 2, 2008 | Reply
Does anyone know what the legal responsibility the landlord has to inform residents that there is a problem in the building?
I live in a 14 unit apartment and recently discovered I have bedbugs. 2 weeks later I found out the landlord knew and did not inform anyone! I would have taken precautionary steps and would not have gone through thinking I had a food allergy had I known!
I also wouldn’t have brought up a piece of furniture a tenant moving out placed out back - thats likely how I ended up with this problem.
Do I have a right not to pay some rent???
nobugsonme | Aug 2, 2008 | Reply
karmac99,
First, wherever you are, I would not withold rent unless directed to do so by a lawyer or judge. You need proper legal advice before taking such a step. It can be grounds for eviction. No one can give you legal advice via a website like this.
You can enquire with a local tenants’ advice organization about your rights and your landlord’s responsibilities.
Also regarding the landlord’s responsibility to disclose a pest infestation in another unit: you need to find out the laws where you are, but I’d suspect he’s probably within his rights in not telling you, unfortunately.
It should be the law, in my opinion, that tenants are notified of the problem in the building, educated about bed bug signs, and given a careful professional inspection of their homes, and treatment if necessary, in these circumstances.
On the other hand, if the landlord knew there were bed bugs in your unit and did not disclose this, you might have grounds for a lawsuit. (Again, you’d need to talk to a lawyer.)
Erin | Aug 16, 2008 | Reply
Does anyone have any information on California landlord-tenant law that is applicable to the bedbug issue? Our apartment recently became infested and our landlord wants nothing to do with it. Won’t even listen to our complaints. I have been itching for weeks (by the way, does prolonged redness, itching and swelling suggest an ALLERGY to bedbug bites?) and I am furious.
Thanks for any advice you may have.
nobugsonme | Aug 16, 2008 | Reply
Hi Erin,
The laws may be peculiar to your city, county, or may be state-wide. I suggest calling a tenants’ advice organization in your city as they are good sources of information on local laws.
And please let us know what you find out (preferably with a link to a source) so we can add it to the FAQ.
nobugsonme | Aug 20, 2008 | Reply
added links above to Consumerist’s links to landlord tenant law in every US state:
http://consumerist.com/consumer/renting/landlord+tenant-law-for-every-state-329945.php