Does a landlord have an obligation to disclose to a tenant that a unit has been treated for bed bugs?
Tenants have a right to know whether rental properties have a history of bed bugs. Some states and local jurisdictions have specific laws requiring landlords to disclose a property’s bed bug history. If the landlord fails to disclose or misrepresents the property’s bed bug history, tenants may be able to employ legal remedies such as breaking the lease, withholding rent, repair and deduct expense as allowed by statute, and/or filing a lawsuit against the landlord for damages and distress if the tenant later suffers harm from an infestation in the rental unit.
Landlords in most states are prohibited from renting units that the landlord knows or suspects has a current bed bug infestation. For example, the state of Maine has a required landlord disclosure that must be provided to a prospective tenant before renting a unit, the landlord must disclose to a prospective tenant if an adjacent unit(s) are currently infested with or are being treated for bed bugs. Upon request from a tenant or prospective tenant a landlord must disclose the last date that the unit the landlord seeks to rent or an adjacent unit(s) were inspected for bed bugs and found to be free of a bed bug infestation. New York City administrative code requires an owner to furnish to each tenant signing a lease an approved notice that sets forth the property’s bed bug infestation history for the previous year regarding the rented premises and the building in which the premises are located.