Student Aaryn Secker finally moved out after battling bed bugs in Solin Hall for months:

Secker notified Howard Zinman, Services Coordinator for Solin Hall, after discovering tiny red bites all over her body in September. Residence Services was initially responsive to her concerns, replacing her mattress and couch, paying for dry cleaning, and spraying her room with chemicals to kill the bugs.

But despite the intensive cleaning, Secker said that the bedbugs returned.

“They kept coming back. McGill [Residence Services] replaced my bed about twice. By the end of it they ended up taking out my bed and my fridge,” she said.

When the problem persisted, Secker moved out for good and sought rent compensation from the Student Housing Office for the entire academic year.

McGill’s refusal to reimburse Secker for rent or to terminate her lease has caused Secker to threaten bringing her case to the Régie du Logement, Quebec’s housing office.

Zinman refused to comment on Secker’s case, citing confidentiality reasons. He said the process of treating bedbug infestations has not changed since last year’s incidents in MORE Houses and New Residence, where bedbugs were found in several rooms.

It is not easy to treat for bed bugs, let alone in student housing. But replacing a bed twice does not seem like the most well-considered protocol, since beds can be treated, and moving infested furniture is tricky.

Perhaps McGill and their pest control operator should talk to Stanford and their pest control operator (who we believe is Crane Pest, San Francisco). Stanford has had its share of bed bugs, but the reports of their responses so far have been the best we have heard of on college campuses. And let’s face it, there will be bed bugs on college campuses, you can’t stop that from happening, though you can try to implement policies to help prevent it. And you can educate students and staff about the problem.

What matters most, though, is the response when bed bugs are discovered.

• Comment dites-vous le bed bugs en français?
• Ryerson University: a study in unenthusiastic bed bug control practices
• Bed bugs at the University of Vermont
• Bed bugs under discussion at university housing officers’ conference

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Courtesy of the CBC’s links from its fine story on bed bugs (which remains the best television clip on bed bugs to date, hands down, in my humble opinion), a rundown on who pays for tenants’ bed bug treatment according to Province. It is really complicated. I am not even going to try and paraphrase it.

However, the easy thing to say is that the law is pretty much on the tenant’s side in Alberta, Manitoba, Ontario, and Vancouver, British Columbia. Nevertheless, folks in those areas should read the information on your location; it is definitely not always cut and dried, and you have responsibilities as well as rights. Seek legal advice or advice from a tenant’s organization in your area if you need help understanding the laws the CBC page links to.

In most other areas, the responsibility for paying for bed bug treatment varies a great deal Province by Province and according to the situation.

Yes, you guessed it: they want to play the blame game.

In some places it depends on whether the tenant can prove they did not bring bed bugs into the apartment, in others it depends on whether the landlord can prove tenants did bring them in. In still others, arbitration is provided where tenants and landlords cannot come to an agreement.

• New York City: Who’s responsible for paying for bed bug treatment? Complicated, in some cases.
• Halifax: where the bed bug “blame game” is the law
• added to the “Tenants and Landlords FAQ”: Washington, D.C. and Florida
• Brown student wants to provide free bed bug treatment to those who can’t pay

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Out of Montréal, in fact: La Cibole de Cimex. The author is named Corinne and has had bed bugs. Deux fois. Merde!

(I only get to swear in French, because Bed Bug Helloise is a proud monoglot. She hasn’t a clue I have a multilingual potty mouth.)

Two times. We’re sorry to hear that, but we are glad she’s blogging about it and can provide a bed bug resource pour les francophones.

• How to say (or write) “bed bug” in 30 languages
• Hints from Bed Bug Helloise!
• Bed Bug Helloise with “exciting” XL Ziploc bag news
• handy tip: bed bug feces identification

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For those of you who don’t know, webpages can tell where you’re coming from (though not very specifically). They know the location of your ISP. For most people, this comes up as somewhere near where they live, though it’s not always precise and sometimes it’s just the country. It also tells the webmaster what internet browser you use (Go Firefox!) and whether you like Macs or Windows machines. No, I do not know your name, or where you live, don’t worry!

This may all seem very “meta,” so far, but we know that our readership consists of four kinds of people:

a) People who have, or think they have, or recently had, bed bugs.
b) People whose work makes them concerned about bed bugs (pest control professionals, entomologists, politicians, landlords, hotel managers, social service agencies, government officials, are just some sectors that I have heard from).
c) People who have heard about bed bugs and are concerned, and want to know more.

I think that group (a) is in the majority, and although most people don’t comment, most commenters fit in group a. In any case, the Bedbugger.com readership is a map of bed bug concern, and you’d be pretty safe betting its a map of where bed bugs are popping up–with the caveat, of course, that our site pops up more in US search engines than those abroad, and also that our readers are overwhelmingly English-speakers, though we have dreams of breaking down those linguistic barriers!

This is where the last 89 readers were reading the blog (circa 6:30 this evening):

1. San Diego, California, United States
2. Nottingham, Nottingham, United Kingdom
3. Walden, New York, United States
4. Long Island City, New York, United States
5. New York, New York, United States
6. Plattekill, New York, United States
7. Hull, Quebec, Canada
8. Durant, Iowa, United States
9. Miamiville, Ohio, United States
10. Gibraltar
11. Calgary, Alberta, Canada
12. Boston, Massachusetts, United States
13. Humble, Texas, United States
14. Germantown, Maryland, United States
15. Rowland Heights, California, United States
16. New York, New York, United States
17. New York, New York, United States
18. Hadley, Kentucky, United States
19. Buffalo, New York, United States
20. Hveragerði, Arnessysla, Iceland
21. Pine Falls, Manitoba, Canada
22. Livonia, Michigan, United States
23. Bayside, New York, United States
24. Woodhaven, New York, United States
25. Denver, Colorado, United States
26. New York, New York, United States
27. United States
28. Waterloo, Quebec, Canada
29. Los Angeles, California, United States
30. Burnaby, British Columbia, Canada
31. Santa Maria, California, United States
32. Beamsville, Ontario, Canada
33. Kansas City, Missouri, United States
34. Corona, New York, United States
35. Barker, Texas, United States
36. Readville, Massachusetts, United States
37. Palo Alto, California, United States
38. Salt Lake City, Utah, United States
39. Mill Valley, California, United States
40. Ridgewood, New York, United States
41. Mehama, Oregon, United States
42. San Francisco, California, United States
43. Feeding Hills, Massachusetts, United States
44. Swedesburg, Iowa, United States
45. Dublin, Dublin, Ireland
46. West New York, New Jersey, United States
47. Lancaster, Blackpool, United Kingdom
48. New York, New York, United States
49. Miami, Florida, United States
50. Anaheim, California, United States
51. Harrow, Harrow, United Kingdom
52. Wilsonville, Oregon, United States
53. Sheffield, Sheffield, United Kingdom
54. Forest Hill, Ontario, Canada
55. Wayne, New Jersey, United States
56. Kecskemét, Bacs-Kiskun, Hungary
57. Port Coquitlam, British Columbia, Canada
58. Short Hills, New Jersey, United States
59. Seattle, Washington, United States
60. Jackson, Mississippi, United States
61. Tulsa, Oklahoma, United States
62. Secaucus, New Jersey, United States
63. Long Island City, New York, United States
64. United States
65. Tranbjerg, Arhus, Denmark
66. Naples, Florida, United States
67. San Francisco, California, United States
68. Edmonton, Alberta, Canada
69. Gainesville, Florida, United States
70. Edmond, Oklahoma, United States
71. Hempstead, New York, United States
72. Everett, Massachusetts, United States
73. United States
74. United States
75. São Paulo, Sao Paulo, Brazil
76. Burnaby, British Columbia, Canada
77. Bismarck, North Dakota, United States
78. Pittsburgh, Pennsylvania, United States
79. Downers Grove, Illinois, United States
80. United States
81. Bend, Oregon, United States
82. Henderson, Nevada, United States
83. Montréal, Quebec, Canada
84. Sunnyvale, California, United States
85. Arlington, Texas, United States
86. United States
87. New York, New York, United States
88. Fairfax, Virginia, United States
89. Rochester, New York, United States

You might expect that most of these people came from the bed bug hot spots. We get lots of readers from Chicago, Boston, NYC, San Francisco, Vancouver, Toronto. So it’s surprising that 89 people came from such a wide variety of places:

68 from at least 33 states (only 12 of these from NYC, San Francisco or Boston);
11 from 5 provinces in Canada;
4 from 4 cities in the UK (none of them London);
1 person each from: Hungary, Ireland, Denmark, Brazil, Iceland, and Gilbraltar.

In New York state, 10 of the 17 visitors were from NYC. And of the 10 in NYC, 60% were in Queens, where, unlike Staten Island, Brooklyn, the Bronx and Manhattan, each neighborhood has its own name used for the purposes of the postal service: Ridgewood, Corona, Long Island City, Woodhaven, Bayside, New York, are all in Queens, and part of NYC. Remember the Queens Gazette speculating that Queens was the “ground zero for NYC’s bed bugs? Well, I am still not sure it’s true, but it seems plausible: we certainly have a lot of Bedbuggers in Queens.

I peeked at the traffic report for the site because I have a geeky side and I find it interesting to know where you’re coming from. However, looking at it can tell us something about the bed bug problem. This is not a scientific study, but just a snapshot of our site’s traffic does tell you who’s worried about bed bugs (and, we can assume, many are worried because they have bed bugs).

Most of those cities were not capitals or the biggest cities in their regions or countries. A small percentage are from those places you think are hot spots. It should serve as a warning sign that bed bugs, like Bedbuggers, are everywhere, and way more spread out than you thought.

• California fights bed bugs: good news from the golden state
• Portsmouth NH’s Health Officer proactive about bed bugs
• Tracing the path of the epidemic
• Comedian moves into NJ Ikea store

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Already forced to sleep on the floor, couches, and even pool tables, the residents have also discovered their new pets surfacing in their clothes and notebooks while in class.

If you have bed bugs coming out of your notebooks and clothes while out of the home, you have a serious problem. It is unclear what the students and college are doing besides having exterminators spray. and I wonder if they know about washing and drying clothes on hot, and keeping them sealed in bags, sealed mattresses and box springs in sealed bedbug-proof cases, and so on.

Monique Mercier, Administrative Coordinator of Student Housing, said she has received many calls from worried parents, but that she has provided students with preventative spray bottles.

She contended that controlling the bed bugs is now the responsibility of the first-year residents.

‘I can’t believe they’re still alive,’ she said. ‘The situation is impossible to control. We’ve been doing everything we can, but we’re not experts; we’re following the advice of professionals.’

She added that McGill and Montreal are unequipped to manage such a situation.

“Controlling the bed bugs is now the responsibility of the first year students.” Great policy. But I do understand her frustration. McGill University and the City of Montreal need a plan to deal with bed bugs. And parents should be worried, as should we all. Those students are going to each go to a different family home come the winter break. and the problem will spread. It’s already spreading to other students (if they’re seeing bugs in the classrooms).

My heart goes out to these first year students, who have other things they should be worrying about and working on instead of a blood-sucking parasite. McGill is a private university and should be worried about losing fee-paying students, who may drop out if they are stressed out and not getting enough sleep.

A second article in the York University Excalibur paper added additional details:

During the final fumigation two weeks ago, residents had to vacate their house for eight hours. McGill Residences provided them with accommodations at Royal Victoria College for the duration of the evacuation.

Hmm, I hope the folks at Royal Victoria College monitor those rooms, since it would be really easy for the bugs to have been moved there.

And I know I sound like a broken record here, but: did they really fumigate (ie tent the building and gas it with Vikane, which works but is costly and a big production)? Or did they use bug bombs (which don’t work for bed bugs, period)? Or did they do some other kind of spraying which the author is erroneously calling “fumigation”?

I should stop typing those last three questions, and simply add them to this blog’s template. ‘Cause, dude, it’s like I have to ask that every day!*

*Sorry for the lapse into surfer talk, but reading about colleges reminds Nobugsonme of being a student. She was young, foolish, and had lots of studying to do. Thank goodness she did not have bed bugs then.

• Bed bugs at McGill University, Montreal, Quebec
• Stanford U bed bugs: being fought with enthusiasm and wisdom
• Bed bugs under discussion at university housing officers’ conference
• bed bugs at University of Bridgeport

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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 extermination

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.

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.

• Nashua, N.H. laws may change in part based on recent bed bug cases there
• added to the “Tenants and Landlords FAQ”: Washington, D.C. and Florida
• New York City: Who’s responsible for paying for bed bug treatment? Complicated, in some cases.
• More bad news about Denver’s bed bug-infested Halcyon House

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