What Are My Legal Obligations Concerning Bed Bugs?
We provide here a few questions that have been posted in the Community Forums and our answers to them.
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Q1
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’ve been reading lately about them becoming a national problem. What if I get a call and my tenant says “there are bed bugs in my apartment?”
A1
Although not historically considered by medical science to be a health concern, bedbugs are considered to be a more serious issue compared to many other vermin because bedbugs (1) are parasites that like human blood, (2) inflict irritating bites on their victims (3) are persistent, resilient, and difficult to eradicate; and (4) readily move among units of a building.
There is a historical social stigma attached to these blood-sucking parasites. Many people mistakenly believe bedbugs are a sign of unclean living conditions. This stigma causes some hotels and landlords to ignore infestations or to attempt self-help treatment.
Adult bedbugs are small, approximately 3/16” in length, light brown to reddish-brown color, wingless, nocturnal insects that feed on the blood of warm-blooded animals. Seen from above, bedbugs appear to be oval in shape but are flattened from top to bottom allowing them to easily hide in a number of places, thus making it difficult to locate breeding sites. Although they prefer human blood, they will feed on other warm-blooded animals including pets, rodents, and birds if a human host is not available.
While bedbugs are most frequently found in sleeping areas (mattresses, box springs, bed frames, bed linens) they can also hide in other furniture, cracks in floors and walls, picture frames, TVs, telephones, and electrical outlets. They also travel between rooms, using electrical, plumbing, and ventilation “highways.” A particularly bad infestation of bedbugs will give off a musty or sweet odor, sometimes described as the smell of rotting coconuts.
Vacationers and travelers can inadvertently bring bedbugs back with them in their luggage or clothing. Bedbugs can survive travel in “trains, planes, and automobiles” as well other modes of transportation. Furniture can be another source of introducing bedbugs into a unit. Although pre-owned or thrift-store furniture is the most suspect, even newly purchased items should be carefully examined before being placed in the unit.
The use of chemical agents such as DDT had effectively brought bedbug populations under control in the United States during the 1950’s and, until recently, bedbugs were considered uncommon in industrialized countries. However, certain factors such as the U. S. Environmental Protection Agency ban on the use of DDT, the increase in international travel to countries and immigration from countries with bedbug populations, the world population growth, and the increasing mobility of U.S. society in general have produced a significant increase in bedbug populations.
The statutes of most states require that the landlord of a residential unit must maintain the unit in a “habitable” condition. In general, the unit must comply with state and local building and health codes that materially affect tenants’ health and safety. Federal (HUD) standards of habitability are relatively easy to meet and landlords should consider them as bare minimum standards rather than as sufficient to attract and retain good tenants. State and local habitability requirements, which are often more stringent, must be met in addition to the federal standards.
Even in states having no specific habitability statute, courts have held that all residential leases contain an “implied warranty of habitability.” In general, vermin are considered a habitability issue. Housing regulations in many jurisdictions explicitly require the landlord to keep the premises free from vermin.
The mere presence of bedbugs might subject a landlord to possible rent reductions at the very least and, in the worst-case scenario, might result in lawsuits for constructive eviction even though he/she has diligently attempted to eradicate the infestations and even if eventually successful in doing so. There is even the possibility of claims regarding damage to the health of tenants even though bedbugs are not medically considered to be a health concern. Accordingly, landlords who receive tenant claims of bedbug infestation should address those claims immediately.
Self-help treatments are rarely effective and not advisable, as they come with great risks, notably an increased probability of lawsuits. Unlike roaches, bedbugs do not ingest poison and die later. It is of no value to use a bug bomb or fogger. Since bedbugs can go as long as one year between feedings, a “wait and see” attitude to starve them out is not feasible.
Because of the difficulty of eradicating the creatures, professional treatment is highly recommended to confirm an infestation and develop an aggressive, integrated pest management plan. Professionals have more potent chemicals than are available to the public and can swiftly and effectively deal with the problem. The only sure way to kill bedbugs is to expose them to high temperatures. Professional exterminators usually utilize a combination of steam and pesticides. Multiple treatments may be required at scheduled intervals over several months and depending upon the circumstances can be costly.
While a landlord may successfully defend against litigation, the costs of doing so will no doubt be much higher than paying professionals to deal with the bedbug infestation in the first place. Immediately attacking the infestation utilizing professionals will go a long ways to a successful defense in court. Furthermore, an infestation in one unit will soon affect the whole building if left uncorrected. Ignoring the problem or attempting to deal with it yourself will only increase your potential liability.
Bedbugs have been called an “epidemic phenomenon” poised to become the pest of the 21st century. There are some recent indications that tenants may be less successful in litigating the bedbug issue in the future, but, again, for now landlords should take bedbug complaints seriously and do everything possible to solve infestation problems, utilizing professionals rather than depending on self-help treatments.
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Q2
What is the latest information on Companion and Service Animals?
A2
Although I could answer many possible questions that are specific to a particular issue, your question is too broad to answer in this forum. You are asking a general question about a subject that is not yet totally defined even though various laws related to the subject have been in force for many years. However, it is one that gets landlords into trouble with a number of different state and federal agencies, including the U.S. Department of Justice.
Not every agency or every court is on the same page regarding what defines a service animal vs. a companion animal and some jurisdictions have taken the position that there is no difference. Things are complicated further by the severe limitations on landlords regarding verifying the tenant’s need for an animal, another area where there appears to be disagreement among attorneys and among enforcement agencies. These factors, of course, require landlords to walk a thin line if they are unwilling to allow all animals in order to avoid the problem entirely.
I will mention that the effect on landlords of the ADA Amendments Act of 2008 appears to be minimal. However, full interpretation of the Amendment will likely require additional years of adjudication.
Feel free to post again with a more specific question regarding a particular issue.
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Q3
I have a tenant who moved out without giving written notice. The lease stated that they were to give 60 days written notice. I am looking for language to use in a letter to them.
A3
You do not indicate the state where the property is located nor whether the lease is month-to-month or for a longer term. Some states or local governments do not allow more than 30 days notice for termination of a month-to-month and some may not allow requirement for notice of termination at the end of a longer lease term. A lease clause cannot override state law or local ordinance (including rent control ordinances). Assuming that (1) no jurisdiction in which your property is located prohibits requirement for a 60 days notice and (2) the relevant lease clause is unambiguous, you could simple say:
“The lease agreement requires that 60 days notice be given for termination of your lease. Failure to provide such notice makes you liable for 60 days of additional rent from the date you terminated your occupancy.”
If they left before the end of the period for which their rent was pre-paid, the additional rent amount should take into account credit for that paid days.
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Additional Information
Most of the issues discussed in these Q&A’s are covered in considerably more detail in our eCourses and/or in our Mini Training Guides.