What are my legal obligations concerning bed bugs? To my knowledge there are no bed bugs in any of my apartments at this moment, but I know that are concerns regarding the matter. What if I get a call from a tenant who claims there are problems? A2
Comprehensive bed bug legislation has been passed by many states and some cities to prevent, manage, and control bed bug infestations. In states with bed bug laws, landlords must incorporate specific additional policies for disclosure and mitigation of bed bug infestations.
You will need to conduct due diligence of applicable bed bug laws and regulations that govern the location of your property to determine specific legal obligations. Research your state landlord-tenant statutes on bed bug identification, treatment, and disclosure requirements to tenants or prospective tenants to understand and develop an appropriate bed bug prevention and management plan. It is important to take tenant claims seriously and respond appropriately in a timely manner. Prompt inspection and response by a professional pest management company will determine the type and extent of a pest infestation and associated treatment.
Prevention of bed bug infestations is less costly than costs associated with treatment of existing infestations. This is particularly true in multi-unit housing that can be more vulnerable to pest infestations. Prevention and early detection of bed bug infestations can help stop bed bug populations from spreading to multiple units. A bed bug infestation once established in a rental unit requires aggressive actions to control and eliminate the infestation.
For landlords and property managers of multi-unit housing with recurring tenant turn-over, tenant education on bed bugs should be an ongoing task to help prevent infestations and to control treatment of existing infestations. Tenants should know how to identify signs of a bed bug infestation and how to promptly report problems. To provide the necessary information to tenants, landlords must be themselves knowledgeable in bed bug prevention methods, pest identification, detection, treatments, and have proactive measures in place to mitigate risk to tenant health and property damage.
Bed bug information is readily available from a number of printed and media sources. In some states, landlords may be required to provide educational material to tenants and applicants. Dismissing or ignoring tenant complaints about bed bugs can create liability issues for matters of habitability, health, safety, and negligence which could result in future litigation and/or government intervention.
Educating tenants before there is a problem helps to prepare a tenant if a problem does arise. Having tenant cooperation is important for coordination of treatment of an infestation in the rental unit and the subsequent monitoring of treatment effectiveness.
The effectiveness of a bed bug remediation program will depend upon prompt tenant reporting of the problem and quick landlord response for inspection and treatment by a qualified pest management company experienced in bed bug control. Self-help methods such as the application of insecticides are rarely effective in the control and elimination of an infestation and can even result in landlord liability for tenant health problems.