Although bed bugs are small and do not transmit diseases, they    can cause giant problems. Their bites can cause severe allergic    reactions and secondary skin infections and their presence can    lead to significant economic consequences, as well as mental    health problems for people residing in infested places.  
    Multi-unit apartment buildings provide particularly fertile    environments for bedbugs, as new tenants may bring new bed bugs    and infestations may easily spread to adjacent units. The    California legislature has not taken the bed bug problems lying    down. It recently imposed statutory duties regarding bed bugs    on both landlords and tenants.  
    New Laws with Bite The legislature amended the    California Civil Code to protect tenants who complain about bed    bugs. New subsection 1942.5(a)(1), effective on January 1st,    2017, forbids landlords from raising rents, reducing services,    or otherwise retaliating against a tenant who notifies or    complains to the landlord about a suspected bed bug    infestation. This amendment merely clarifies that longstanding    laws protecting tenants from retaliation for making    habitability complaints include complaints about bed bugs.  
    California Civil Code sections 1954.600 et seq., which also    went into effect on January 1st, impose new duties on both    landlords and tenants. Section 1954.602 provides that a vacant    unit that a landlord knows to be currently infested with bed    bugs may not be shown, rented, or leased. The statute does not    impose a duty on landlords to inspect their properties for bed    bugs. However, if the landlord has notice of suspected or    actual infestation or if infestation is evident on visual    inspection, the landlord is presumed to know about the    infestation.  
    New Civil Code section 1954.603 provides that commencing on    July 1, 2017, landlords must notify new tenants in at least    10-point font of the following: "General information about bed    bug identification, behavior and biology, the importance of    cooperation for prevention and treatment, and the importance of    and for prompt written reporting of suspected infestations to    the landlord." The statute provides the language necessary to    comply with the notice requirements. Landlords are also    required to notify new tenants about the "procedure to report    suspected infestations to the landlord." The notifications    required in this statute must be provided to all tenants by    January 1, 2018.  
    Section 1954.604 requires tenants to cooperate with pest    control operators who seek to enter their units to inspect    units for bed bugs.  
    Finally, section 1954.605 directs landlords to furnish a copy    of a pest control operators report to tenants whose units were    inspected for bed bugs. The report must be provided to the    tenants within two business days of receipt of the pest control    operators findings. If the pest control operator finds bed bug    infestations in common areas such as building hallways, shared    laundry rooms and staircases, elevators, and designated garbage    areas, notice must be provided to all tenants.  
    Wallet Infestation Bed bug infestations may    inflict landlords with painful figurative bites. Even before    the new California statutes took effect, lessors who ignored    bed bug infestations were sued in individual actions and    multi-party lawsuits for negligence, constructive eviction,    breach of warranty of habitability, negligent infliction of    emotional distress, breach of the covenant of quiet enjoyment,    nuisance, and other causes of action. In some circumstances,    landlords who lost these lawsuits had to pay the tenants    attorneys fees. For instance, in the recent case of Hjelm    v. Prometheus Real Estate Group, Inc., 3 Cal.App.5th 1155    (Cal. Ct. App. 2016), the California Court of Appeal affirmed    an award against a lessor of $326,475 in attorneys fees on a    $72,000 judgment.  
    Counsel Concerning Critters One obvious    suggestion for avoiding lawsuits over bed bug infestations:    Dont let the bed bugs bite. Landlords might save money in the    long-term by hiring pest control operators in the short-term to    regularly inspect tenant units. These regular appointments may    head off infestations. Furthermore, they may make the    exterminator, rather than the landlord, liable in a tenants    negligence action stemming from bed bug infestations.  
    Of course, landlords must follow the dictates of the law. They    may not retaliate against tenants who complain about bed bugs,    rent out infested property, or fail to disclose bed bug    problems to affected tenants. Even if there is no infestation,    landlords must provide new tenants notice about bed bugs    beginning on July 1, 2017 and must do the same for all tenants    beginning on January 1, 2018.  
    The new statute requiring tenants to provide necessary access    to pest control operators should provide landlords with legal    recourse against tenants who refuse to cooperate.  
    Bed bugs infestations can make landlords want to hide under    their covers. But both landlords and tenants will sleep easier    if they understand the laws concerning bed bugs.  
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California Landlord-Tenant Law is Crawling with New Statutes About Bed Bugs - Lexology (registration)