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Daily Archives: September 23, 2014
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California Bed Bug Laws Help Renters | Sterns Chatter
January 7th, 2013
As many people have experienced first-hand, bed bug infestations can be a tremendous burden to deal with for homeowners and renters alike. Because of the variances in laws in different states, it is wise for renters and landlords to know what their responsibilities are when it comes to dealing with bed bugs or other insects that renters may encounter during their tenancy.
The State of California has developed a new website that spells out the rights of California renters. One of the issues that continue to plague renters is bed bug infestations. In California, renters have the right to live in a home that is fit to live in. This means that it meets the state and local building and health codes and that a home or unit be safe so as to not affect your health or safety.
It is not uncommon for landlords and tenants to disagree on who is responsible for pest problems that occur within a rental property. Battles that have ensued have resulted in new regulations being created in many different states.Problems with bed bugs, cockroaches, vermin, ants, and spiders are specifically addressed as being unacceptable for renters to live with in California.
Renters in California have responsibilities when it comes to avoiding these types of home invaders. They must keep their homes clean so that it remains unattractive to pests. In addition, if a problem exists, they are required to notify their landlord and request that an exterminator rid the rental unit of the problem creatures.
Landlords have 30 days to respond to the tenants request for help in eliminating pests. If the landlord is unresponsive or if the pest infestation is severe, California renters may use up to two months rent in a 12 month span of time to seek out their own licensed pest control professional to eradicate the home invaders.
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Arizona has new state bed bug law affecting tenants and …
Arizona has a new law (SB1306) that is now going into effect regarding bed bugs which (and I am paraphrasing from the full text):
Prohibits landlords from renting units known to have current bed bug infestations. Requires landlords to provide bed bug educational materials to existing and new tenants. Prohibits tenants from moving items into the building if they are known to be infested with bed bugs. Requires tenants to notify landlords in writing or electronically of the presence of bed bugs.
Fox 10 in Phoenix notes that local commentators had mixed responses to the new law:
I think its a balanced law it puts an obligation on the tenants but it also puts an obligation on the landlord as well, says attorney Scott Clark.
But Ken Volk, an advocate for Arizona Tenants says the law has no teeth. Volk says the law doesnt say what will happen if an apartment is found to be infested with bedbugs.
it doesnt go the extra step of saying the lease is terminated, invalidated, and the landlord must return the security deposit and all the payments, says Volk.
And as always with this kind of legislation, the big question is: how will the law be enforced?
Heres one problem: Landlords cant knowingly rent out an infested unit. Most traditional spray/dust treatment protocols require units to be occupied during treatment. So how will landlords effectively treat infested units which are unoccupied if structural heat and Vikane gas fumigation are not an option?
Another problem: what will be required of landlords in terms of a unit being considered cleared:
A dog inspection? A visual inspection by a human? No bites being reported? The landlord not seeing bed bugs? Implementation of rigorous active or passive bed bug monitoring systems?
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