Legal Options for Bed Bug Infestations in Rental Properties

Bed bugs in rental properties can make it impossible for tenants to live there, impair their health, and cost them money. The law allows tenants to seek compensation if the apartment was poorly kept or unresolved complaints led to an outbreak.

Many tenants are unaware that they can file a bed bug negligence claims if their landlord or property management neglects their basic safety and housing duties. Rental owners must always ensure their homes are safe to live in, respond to reports of infestations, and take reasonable efforts to get rid of pests. If they delay treatment, refuse it, or merely do a little part of it, they are more likely to attract liability.

What Landlords Must Do According to Habitability Laws

Most states have an unspoken promise that homes are safe to live in when you rent them. According to this rule, landlords must keep the place where the tenant lives safe and clean for the whole time the tenant is there. Courts and housing guidelines usually say that pest infestations violate habitability. As such, landlords must:

• Respond quickly to tenant complaints
• Find qualified pest control services.
• Take care of the units that are affected and the areas around them.
• Follow-up on treatments.

If there are documented complaints or inspection reports, failing in these areas can support a legal claim.

When Negligence Can Be Taken to Court

To be valid, a legal claim usually requires proof that the property owner knew or should have known about the infestation and did nothing. 

Things that could make a tenant’s case stronger are:

• Requests for maintenance in writing or by email.
• Photos of bites.
• Medical records that show allergies or illnesses.
• Pest control records that show how bad the infestation is.
• Tickets for housing inspectors.

The courts look at whether the response time and treatment were fair given the circumstances.

What are Tenants’ Legal Choices?

Tenants who have big infestations may have several legal options, depending on the laws of their state and the terms of their lease. Some typical options include:

• Repair and deduct: Paying for treatment and taking the cost off the rent when the law allows it.
• Rent abatement: Asking for a lower rent for the time the unit was only partially usable.
• Ending the lease: Ending the lease without a penalty when circumstances get worse.
• Claims for damage: Obtaining money back for medical bills, missed pay, and moving costs.
• Civil lawsuits: suing the landlord or management business for being irresponsible or not taking care of the property.

Small claims court can handle losses that are not too significant, while heavier damage actions move to higher courts.

Third Parties Who Could Be Liable

The landlord is not always the only one to blame. If property managers, maintenance contractors, or pest control suppliers do not do their tasks well, they could all be held liable. For example, not sticking to treatment plans or utilizing drugs inappropriately could make the problem worse and cause more damage.

When bugs spread from one unit to another due to defects in the building’s structure or because treatment is delayed throughout the whole complex, multi-unit structures also have problems with shared faults.

Before you file a claim, visit the CDC and the EPA for helpful advice about bed bugs and how to get rid of them safely:

Key Takeaways

• Landlords have a duty to act swiftly when bedbugs show up.
• If you send a written notification and they fail to respond, that is proof of neglect.
• Tenants may recover compensation for medical bills and other damages.
• Claims are more likely to be successful when you keep credible records.