Are landlords responsible for getting rid of bed bugs? – The Daily Breeze

Q We rent our home. Lately my whole family has a lot of bites and itching. At first, we didnt know if it was fleas from the dog or what. Turns out we have bed bugs! What responsibility does the landlord have to remedy this? Is he going to try to say its our fault?

L.H., Hawthorne

A The landlord has a well-established legal duty to provide habitable premises, and, of course, bed bugs negatively affect habitability. So review your rental agreement for any pertinent provisions as to your rights and obligations, as well as those of the landlord. In addition, promptly report the problem to the landlord in writing, and ask him to immediately deal with it. You may be entitled to an offset on rent, and reimbursement if you have legitimate out-of-pocket expenses.

If the infestation is particularly bad and not caused by you the circumstances could even rise to a constructive eviction (i.e., your family has to vacate the rental, although you prefer not to). The landlords liability assumes, however, it is not a problem you created. When did the bed bugs arise? What caused them? Research indicates bed bugs can spread, such as in a multiunit complex. Is yours a single-family residence?

Given the issues, it might be wise for you to quickly consult with qualified counsel, particularly if the landlord is uncooperative.

Q Several of us have a serious bed bug problem in our apartments, but the landlord tells us we have to fix it, and, if we dont, that we can simply move out. She is completely antagonistic to our requests. Is her position legal?

A.F., Encino

A Effective Jan. 1, California Civil Code Section 1945.5(a)(1) prohibits landlords from raising rents, reducing services or retaliating against a tenant who reports a problem with bed bugs. You and the other tenants may want to join hands in a collective action to, first, fix the problem, and then take your landlady to task for her impermissible conduct.

By July 1, landlords are required to provide new tenants general information about bed bug identification, behavior and biology, the importance of prevention and treatment, and the importance of prompt reporting of suspected infestations to the landlord. This language is set forth in California Civil Code Section 1954.603, which in turn requires tenants to cooperate with pest control operators who enter their residence to inspect for bed bugs. Additionally, this provision requires landlords to notify tenants within two business days of receiving a pest control operators findings. If an infestation is found in common areas, the landlord is then required to provide notice to all tenants.

Advertisement

Ron Sokol is a Manhattan Beach attorney with more than 30years of experience. His column, which appears on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask the Lawyer, Daily Breeze, 21250Hawthorne Blvd., Suite170, Torrance, CA90503.

Here is the original post:
Are landlords responsible for getting rid of bed bugs? - The Daily Breeze