Are you are dealing with an infestation right now?  If so you might be asking yourself who is responsible for getting rid of the bed bugs.  Who is going to pay for this?

The answer isn’t quite as easy or clear cut as you might think.

Who Is Responsible For Getting Rid Of Bed Bugs

At least part of the answer lies in what type of housing that you live in. The other part depends upon whether you are the owner or rent your home.

What If You Own Your Own House

If you live in a house that you own – there is little doubt that you are going to be the one who is responsible.  You’ll have to pay for any costs of an extermination.

What If You Own A Condo And Get Bed Bugs

But what if you live in a condo that you own?  It’s going to depend upon the by-laws that govern your condo association.

Some Condo Associations will only pay for extermination costs if the infestation is in common areas.

Others will pay for extermination costs whether it is in a common area or in a unit.  They figure that any infestation could have started in a common area.

Plus it’s in the best interest of all residents to exterminate before an infestation spreads.

Even then, most Condo Associations could charge you if the source of the infestation could be tracked back to you.

What Happens If You Rent Your Home

In most states landlords must provide habitable housing.  They would be their responsibility to keep units bug free.  So the landlord would have to pay to exterminate the bed bugs.

This assumes that the tenant wasn’t responsible for introducing the bugs into the unit.

But what happens if you live in a single family home that was previously un-infested and you get bed bugs?  You could end up being responsible for the extermination costs.

Who Is Responsible For Getting Rid Of Bed Bugs If You Live In An Apartment Building

Determining who introduced bed bugs in a multi-family building can be  impossible.  The larger the building the more likely there will be people moving in and out on a constant basis.

Therefore, most of the time the landlord would end up footing the bill for the extermination costs.  But there are some exceptions.

Read Your Lease

I’ve seen a new clause or even a full addendum that is showing up in many leases.  It relates to bedbug infestations and it could be a problem for tenants.

Although there are different forms of this addendum it usually adds a couple rules to the lease.   They could be problematic if you rent.

The resident must agree that they will notify the landlord within a certain amount of time of bugs.  This is usually seven days  If you don’t then the unit is considered free of pests of any kind.

The problem here is that the resident is agreeing that the unit was bug free when they moved in.

This implies that any bugs that show up are from the resident.  This could lead the owner to charging you with the cost of exterminating these bugs.

It’s also written in to imply that if you fail to notify the landlord at any time that you are experiencing bugs at any time you could also be held liable.

Bed bugs in particular can live for long periods without feedings.  Even though it could take weeks before an infestation is noticeable, you might still be held liable.

These clauses also stipulate that the resident agrees to allow and co-operate with any extermination activities.

This implies that if you didn’t you could be evicted and probably charged for extermination costs.  Even if you have medical issues that make such treatments problematic. Bed Bug Hazards

I’ve even seen a lease that expressly forbids used furniture being brought into the rental unit.

The problem with addendum’s like these is that it is an attempt to shift the blame.  The owner is blaming you if there is an infestation.

What If You Move In And Find Bed Bugs

This is an even grayer area that can vary from State to State.  Who is responsible for getting rid of bed bugs if you move into a rental unit.

What if that apartment has had bed bugs in the past or is dealing with the bugs in the property?

It’s understandably that most people aren’t going to want to live in any building that has a history of bedbugs.

A full eradication of a bed bug infestation is usually rare.  Even if the landlord is willing to act swiftly and do a thorough extermination it can be costly.  This is why most landlords rely on controlling rather than eradicating an infestation.

But the bottom line is that most people wouldn’t even consider renting an infested apartment.

You probably won’t hear any Landlord telling you that the unit you are considering renting has/had bed bugs.  Most places won’t unless they have to by law.

Most states require that potential renters be told about any “adverse material facts”  about the property.  But whether this includes bed bugs differ between States.

• Here is a list of the States that do have specific Bed Bug Laws
• Here is a list of State specific Tenant Rights to Withhold Rent

Some states say you might be able to withhold rent and use the repair and deduct clause to pay for extermination.

Final Thoughts On Who Is Responsible For Getting Rid Of Bed Bugs

I’d be very careful before taking any steps if you have bed bugs though.  Before you do anything I would research what your specific state statutes allow and require.

I would also make sure that I took pictures of the infestation and document everything.   I would also make sure that you handle all communications in writing.

Landlords are in a tough position when it comes to bed bugs.  People move in and out all the time.  This gives the distinct chance that even a thorough extermination will be undone by the next resident.   It’s easy to understand why they are reluctant to spend a lot of money.

But if when you rent an apartment, they are the ones responsible for getting rid of bed bugs.  It’s part of owning rental property.

Still, your landlord might be dragging their feet.  There are a lot of things that you can do to get rid of bed bugs on your own.