In California, bed bugs are more common than taco shops throughout the Golden State. While these common pests crawl through houses on the regular, both landlords and tenants prefer to point the finger versus take the blame. Who actually pays for bed bug treatment in California during an outbreak? The responsibilities of bed bug treatment in rental properties are complex.
This guide outlines the legal responsibility between a landlord and tenant when a bed bug infestation happens in CA.
Who is Legally Responsible to Pay for Bed Bugs in CA
Landlords are responsible for dealing with and paying for bed bug infestations in California. However, that statement comes with a catch. To start, a landlord must make sure their properties are free of pests, including bed bugs, before a tenant moves in.
We’ve bought houses in California with existing bed bug issues. As responsible landlords, it’s our duty to exterminate them or perform treatments before showing the property.
If bed bugs appear after a tenant has moved in, the plot thickens. Landlords are not 100% responsible to deal with and pay for bed bug infestations. It depends on whose fault it was. Whoever’s primary fault it was that caused the bed bug outbreak is legally responsible for paying for it in California. Quick and clear communication between landlords and tenants is crucial in these cases.
How to Prove Responsibility with Bed Bugs
Normally, when there’s a bed bug outbreak, both tenants and landlords are angry. Both sides likely point the finger and pass the blame off to the next party. That won’t get us very far, will it?
As landlords ourselves, SD House Guys has combatted multiple bed bug situations. It’s tough to deal with tenants, even when you know it’s entirely their fault. No one likes to take accountability these days – especially when it basically insinuates that they are ‘dirty’.
Who is legally liable to deal with bed bug infestations in California when fault isn’t clear? Put on your detective hat, and HazMat Suit, to begin tracing the origin of the infestation. Landlords will need to investigate whether the infestation was pre-existing or introduced by the tenant. Proper documentation and timely reporting are key factors that help establish the facts in such cases.
Who’s Fault are These Bed Bugs?
This is where things get hairy. Determining whose fault bed bug infestations are is tough. As stated below in the California Civil Codes, landlords legally must provide a habitable place for tenants to live. While things can start off all fine and dandy, that can change over time.
What if a landlord neglects a rental property? Maybe a landlord hires a property manager and they don’t take care of the property. On the other hand, a tenant can not take care of their home and critters can invade.
When there is no clear winner or loser in the bed bug blame game, you may need to bring in the big guns – a real estate attorney. But before you hire an attorney, read through the laws below. That could reveal your answer as to who is responsible for bed bug treatment for your California apartment.
Civil Code for Bed Bugs in California
California Civil Code §1941.1
“The law is the law because it’s the law”.
Fortunately, there are multiple California Civil Codes about bed bugs that can guide you through these buggy waters. CA Civil Code §1941.1 states that a landlord needs to provide a rental property to a tenant that is habitable. That means, there are no pests or begs lurking in the attic or closet. A landlord can’t rent out their property if they know it’s infested by bed bugs. So, off the bat, that keeps tenants safe!
California Civil Code §1954.602
This law also protects tenants. CA Civil Code §1954.602 prevents landlords from renting out a property if they know for a fact there are bed bugs inside. They must handle the situation and exterminate the bed bugs to the best of their knowledge before renting them out to the next person. As a tenant, you should never move into a place that already has bed bugs there.
California Civil Code §1954.603
Dovetailing off the previous code, this one states that landlords must provide new tenants with information on bed bugs upon move-in. They need to outline a plan of action if an infestation breaks out.
California Civil Code §1954.604
If a tenant thinks there are bed bugs in the home, and tells the landlord, the landlord must hire an inspector to come out. California landlords have 2 days to let the tenants know what the findings were, per this civil code.
Landlord Responsibilities for Bed Bug Infestations
Landlords are required to act quickly to eradicate bed bugs once notified by tenants. This includes hiring qualified pest control services and following up to make sure the infestation is completely eliminated. Destroy or be destroyed! Actually, it’s not that intense. But shouldn’t be handled lightly.
Multi-family Buildings with Bed Bugs
Paul Sian at Cincinnati & Northern Kentucky Real Estate shared some thoughts on bed bugs:
“Alex as a former multi-family building owner I had to deal with bed bugs in the past and they are a difficult pest to get rid of. Not only that they will spread from one unit to another unit in search of human blood. So while a landlord may want to say they are not responsible they ultimately will be responsible as the entire building can quickly be overrun by them and it only takes one tenant to introduce them into the building.
Property owners should look into bed bug addendums to their leases that address who is responsible for treatment and who pays for the treatment as well as the requirement for the tenant to immediately notify the landlord of any potential bed bug infestation. In my opinion, it is best for the landlord to arrange for treatment as sometimes the tenant’s treatment of the situation does not do much other than disperse the bed bugs further into other units.”
Tenant Duties: Prevention and Reporting of Bed Bugs
Tenants are expected to report bed bug sightings to their landlord immediately to avoid a larger infestation. They must avoid bringing infested items into the home while following all preventive measures recommended by pest control professionals. Cooperation during the extermination process is crucial for effective treatment.
Bill Gassett, a real estate expert and owner of Maximum Real Estate Exposure provided some helpful guidance on the issue of having a home infested with bed bugs.
“Alex having bed bugs can be a tricky issue for both landlords and tenants. It is crucial to familiarize yourself with state regulations when renting a property. In some areas, there are specific laws about pest infestations. It is possible that a landlord may be required to deal with the problem immediately. From a tenant’s perspective, you should know your rights. It is likely you may be able to ask the landlord to eradicate any issues discovered.
Before signing a lease, I would recommend you check for the presence of bed bugs. Some of the common signs include small blood stains on mattresses, furniture, and walls, tiny black fecal spots, or the presence of bed bugs themselves). Ask the landlord about previous infestations and request documentation of pest control treatments. A landlord should agree to cover the costs of taking care of any issues.
Treatment can involve professional pest control using heat, steam, insecticides, or a combination. Tenants might need to vacate the premises temporarily during treatment. From experience, effective treatment may require multiple sessions.”
Financial Responsibilities: Who Pays for What?
While landlords generally bear the cost of bed bug extermination, tenants may be held financially responsible if it is proven that their negligence caused the infestation. Both parties must understand their roles in maintaining a pest-free environment. Clarity about financial responsibilities can prevent disputes between landlords and tenants.
Landlord Retaliation
Landlords in California used to be allowed to kick tenants out after the first bed bug sighting. Harsh! Thankfully, there are new laws in place to protect tenants. It is now illegal for CA landlords to retaliate against tenants who report bed bugs by attempting to evict them, raise rent, or refuse to renew their lease. Such actions are protected under tenant rights laws.
Legal Actions and Dispute Resolution for Bed Bug Issues
If landlords do not fulfill their obligations to address bed bug infestations, tenants have several legal avenues available. Tenants can do the following, when legally possible:
- Withhold rent
- Pursue a rent reduction until the issue is resolved
- Terminate their lease (if it gets really bad and isn’t resolved)
Seeking advice from a legal professional can provide guidance specific to the situation.
Frequently Asked Bed Bug Questions
1. When should I report bed bugs to my landlord?
Immediate reporting is crucial, as it helps prevent the spread and simplifies determining responsibility. If you wait weeks, and the problem gets worse, part of the bed bug treatment responsibilities could fall on you.
2. Does Homeowners Insurance Cover Bed Bug Issues?
In California, unless you have the best homeowner’s insurance policy ever, it probably doesn’t cover bed bugs. Typically, bed bugs are either caused by landlord or tenant neglect. That’s why insurance usually won’t cover the bed bug extermination costs.
3. Can tenants break a lease when a unit has bed bugs?
You may break your lease if the landlord fails to effectively address a severe infestation, provided proper legal processes are followed. However, it’s smart to document all communication with your landlord. You must be able to – when needed – prove their neglect to address and remedy the issue. If your landlord hasn’t completed a formal pest inspection in weeks after you first find bed bugs, that’s an issue. It could be grounds for you breaking your lease.
4. Who is responsible for preparing for bed bug treatments?
Tenants must prepare their living spaces for treatment as per exterminator guidelines, which typically includes cleaning and removing clutter.
5. What landlord actions can I take legal action over?
Legal action can be taken for failing to treat an infestation, not responding to tenant reports, or any form of retaliation following a bed bug report.