What are the Laws Surrounding Bed Bug Infestations

Bed bugs are extremely common insects and can be found across the globe; these little critters live in groups, feed off blood, and can grow to around 5-7mm in length. Bed bugs can be pervasive and troublesome to remove, so it is important to be aware of the legislation protecting tenants in the case of bed bug infestation.

Common Signs of Bed Bugs 

  • Blood spots 

  • Tiny eggs that are white in color and about the size of a seed

  • Bed bug fecal matter (ranging in color from a dark red to brown)

  • Musty odor 

  • Reddish stains on bedsheets 

  • Clusters of bed bug bites on skin 

Where do Bedbugs Live?

  • Mattresses

  • Box Spring 

  • Bed frame 

  • Electrical Outlets 

  • Curtains 

  • Clothes 

  • Couches 

  • Chairs 

Who is Responsible for Bedbug Infestations?

According to California Civil Code Section §1941, landlords are obligated to maintain rental units in a habitable condition. Thus, the burden of treating bed bug infestation falls under the landlord’s responsibility in most circumstances.

However, it is important to note that the tenant also has the responsibility of keeping the premises of the rental unit clean and not destroying the property. In cases where damage or infestation is caused by tenants, landlords are not be held liable for damages to the property.

Requesting for Bed Bug Treatment 

When a tenant becomes aware of a bed bug infestation, they should immediately notify the landlord through a written notice. Keeping track of the written documents in this exchange can be helpful should legal action be needed later on. According to California Civil Code 1954.603, landlords must inform tenants of the procedure to report a bed bug infestation. 

According to another civil code, California Civil Code §1942.5, landlords may not seek unlawful retaliation, such as an eviction, against a tenant who has raised concerns about bed bugs. Furthermore, landlords must provide the tenant with a written statement of the pest control agency’s inspection results within 2 business days.

Who Pays for Bed Bug Treatment?

Landlords who have failed to uphold the civil code and provide a habitable living space for their tenants are responsible for treating the bed bug infestations. As such, the tenant cannot be required to pay for the treatment of the bed bugs.

In Knight v. Hallsthammar, it was ruled that the landlord must finance the bed bug treatment regardless of their financial ability. Additionally, according to Civil Code §1954.604, landlords must follow up not only on affected rental units but also on surrounding ones until the resolution of the infestation. Tenants are also required to cooperate with the landlord for the treatment. 

What is the Process of Seeking Legal Action?

In the case that the landlord refuses to cooperate to treat the bed bugs or violates other codes, the tenant may seek legal action and consult a licensed attorney knowledgeable in tenant law. 

The tenant will have to prove: 

  • That the landlord has violated the California Civil Code 1941

  • That the landlord has received notice of the bed bugs. 

  • That the tenant has suffered damages. 

We are Here to Help

To learn more about the landlord's responsibility in bed bug infestation, check out our other article here. To find more information regarding bed bugs and other tenant law-related issues, refer to the blogs here at Tenants of LA. If you have more questions about tenants’ rights or legal assistance, reach out to us using our contact form.

 

tenants lawfirm