Bed bugs can make their way into all sorts of places in your rental—your cushions, pillows, bedding, appliances, and even wallpaper. Simply put, bed bugs are gross. But tenants shouldn’t feel ashamed about bed bugs—these pests are a problem nearly everywhere in the United States, and having a bed bug infestation does not necessarily mean your house is dirty or you have poor hygiene. Bed bugs travel so easily and spread so quickly that an infestation can happen almost anywhere.
Recognizing the problem bed bugs pose in rentals, some states and cities have bed bug laws requiring landlords and tenants to take certain measures to prevent bed bug infestations. Even if there are no applicable bed bug laws where you live, there are certain steps that you’ll want to take if you discover bed bugs in your rental.
If you’ve found bed bugs or suspect a bed bug infestation, you need to tell your landlord or property manager—don’t take matters into your own hands. Bed bug extermination is difficult and expensive, and most landlords want to handle pest control to make sure it’s done properly. Also, if you live in a multiunit building, it’s likely that bed bugs are in other units besides yours, meaning that any success you have in getting bed bugs out of your unit would be temporary—they’d return from your neighbors’ units in a short matter of time.
Take a look at your lease or rental agreement to see if it contains guidelines on how to report bed bugs—if so, follow those steps to make your report. If your lease or rental agreement is silent about bed bugs, you’ll want to let your landlord know about the pests as soon as possible. Some laws require tenants to report suspected infestations within a certain time—often 24-48 hours—after discovering a potential infestation.
State or local laws might also require tenants to:
Tenants who don’t follow the rules could face fines or other penalties, including early lease termination and even eviction. Even in places that don’t have bed-bug-specific laws, your lease or rental agreement might require you to take certain steps if there’s a maintenance issue or defect in your rental. For example, many leases require tenants to keep the premises clean and in good condition, and require tenants to tell the landlord immediately if there’s a problem—a general lease clause like this would require the tenant to report bed bugs. A tenant’s failure to report bed bugs in this situation would also give the landlord grounds to terminate the tenant’s lease.
Some tenants hesitate to report infestations, especially when state law doesn’t require them to. Tenants might fear that they will have to pay for extermination, or that a landlord angry about others learning of the problem or the cost of extermination might retaliate against them for reporting the infestation. Exterminating bed bugs is a very costly process: The price tag depends significantly on the extent of the infestation and the size of the unit but can easily be $1,000 or more.
Many laws require landlords to pay for all kinds of pest control, whether the issue is bed bugs, mice, or other pests. Some laws specify that landlords must pay for bed bug extermination. But these laws often have a catch that allows a landlord to pass extermination costs to a tenant who suspected an infestation but didn’t report it to the landlord in a timely manner. Similarly, in some states, if a tenant knowingly or recklessly causes an infestation, the landlord may charge the tenant for the price of the extermination.
Most of the time, though, landlords are indeed responsible for the costs of pest control. Bed-bug laws aside, the vast majority of states require landlords to provide tenants with habitable premises, and most judges would not consider a unit that’s infested with bed bugs to be habitable.
Some landlords might feel frustrated about infestation reports—even if there ultimately isn’t a bed bug problem, the landlord has to spend time and money investigating the complaint. But it’s illegal in almost all states for landlords to retaliate against tenants who assert a legal right, such as the right to a habitable unit free from bed bugs.
Especially in states without statutes prohibiting landlord retaliation, proving—and getting compensated for—landlord retaliation can be challenging. Often, tenants who face retaliation must decide if it’s worth their efforts to sue the landlord or otherwise fight back. For example, if your landlord retaliates against you by limiting pool access, and you only have one month left on your lease, suing your landlord might not be worth the time and money you’ll spend pursuing a lawsuit. Also, proving that your landlord was retaliating could be difficult if your landlord asserts another valid reason for limiting pool access. If you believe your landlord is retaliating against you for reporting bed bugs or another issue, consider consulting an attorney to learn more about your rights and possible remedies.
Retaliation aside, what happens when a tenant reports bed bugs but the landlord fails to investigate or address the problem? Tenants are best suited to consult with counsel at this stage. Depending on state law, tenants have options that can include:
Importantly, though, a tenant should consult with an attorney to see what state or local law allows before taking any of these steps. For example, some states don’t allow tenants to withhold rent or move out without penalty, and others might even put the responsibility on the tenant to deal with bed bugs. Tenants who improperly take one of the above steps might face serious consequences, such as owing or being sued for rent on a unit they’ve moved out of or having their tenancy terminated for wrongfully withholding rent.
