California Renter Bed Bug Rights | Debedbug | World, Bed Bug Registry Map

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It happens all too often: A tenant wakes up one day with a row of mysterious bites. They check online and start to suspect bed bugs but face a hard decision.

Should you tell your landlord and risk retaliation? Will the landlord accuse you of bringing the bed bugs in yourself and force you to pay for treatment out of pocket?

This post will help you navigate through the important questions and answer them.

Disclaimer: Information found on this page is informational, not legal advice. Consult a licensed attorney at law before considering taking any action.

Many a landlord has claimed that they should not be held responsible for infestations. Many try to pass the cost of professional treatment off to tenants.

It is impossible to isolate where bed bugs came from once theyve settled in.

We cover the most common causes of bed bugs so you know what situations to avoid.

Finding them in your own home is already a task. Expecting every tenant to check periodically is unrealistic.

By the time symptoms are noticeable, bed bugs have likely spread to other rooms and units.

With this reality in mind, the legal responsibility to pay and fix the issue falls upon the landlord.

The Department of Housing and Urban Development (HUD) has issued rules and guidelines prohibiting landlords from charging or subsidizing the cost of bed bug treatment.

Well explain those rules shortly. It is also good to know what landlords and tenants must do at the least in California.

The Landlord Obligations Law of California Civil Code Section 1941.1, stipulates thatlandlords must provide and maintain:

The Tenant Obligations Law of California Civil Code Section 1941.2, requires that the tenant:

Retaliation by the landlord is illegal when a tenant must take matters into their own hands.

California Civil Code Section 1942.5 prohibits a landlord from retaliating against a tenant if the tenant:

Landlords who try to pass the cost of bed bug treatment on to tenants are violating their legal obligation to maintain the property.

California Civil Code Section 1941.1 protects tenants from landlords turning a blind eye on vermin, which includes bed bugs.

California offers protections specifically from bed bugs to renters in several forms. Knowing them is important as they are your rights as a renter.

Bed bugs should be reported as soon as they are suspected to safeguard the entire building and even neighboring buildings.

To encourage reporting the State ensures that landlords cant use scare tactics to avoid dealing with bed bugs.

In the big picture, reporting bed bugs early saves everyone money and stress. That includes the landlord.

Tenants have the legal right to withhold rent when the landlord fails to maintain habitable conditions.

This is called an Affirmative Defense to an unlawful detainer.

Tenants can file suit against landlords who fail to maintain rental units in a habitable condition.

Disclaimer: Consult a licensed attorney at law before considering taking any action.

Californias Landlord Obligations Law and the case of Knight v. Hallsthammar establish that a landlord is obligated to provide and maintain residential rental premises in a habitable condition, regardless of the landlords financial ability, financial condition, or the availability of funds for necessary repairs and maintenance.

This means that a landlord saying, I dont have the money, is not a valid excuse.

Sometimes landlords engage in willful negligence. They may claim that the tenant never provided notice of an infestation.

Peterson v. Superior Court held that a landlord has constructive notice if a reasonable inspection would have revealed the defect.

Constructive notice represents the idea that whether or not a person or entity actually knows something, they are liable for its consequences if they reasonablyshouldhave known.

The act of not knowing is negligence in itself on the part of the property owner.

In most cases, the landlord is legally required to pay for bed bug treatment in California.

For example:

I recently wrote about a newly enacted amendment toSection 1942.5.

You can read about it here:Californias New Bed Bug Laws.

Or, you can get the skinny on the update with this infographic:

For more useful guides and graphics like the above, give the free ebook a look!

As always, congratulations on investing in your own health and learning your rights. Best of luck in your fight towards getting and staying Debedbugged!

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California Renter Bed Bug Rights | Debedbug