What are the Laws Surrounding Bed Bug Infestations — TENANTS OF CALIFORNIA (2024)

Bed bugs are extremely common insects and can be found across the globe; these little critters live in groups, feed off blood, and can grow to around 5-7mm in length. Bed bugs can be pervasive and troublesome to remove, so it is important to be aware of the legislation protecting tenants in the case of bed bug infestation.

According to California Civil Code Section §1941, landlords are obligated to maintain rental units in a habitable condition. Thus, the burden of treating bed bug infestation falls under the landlord’s responsibility in most circ*mstances.

However, it is important to note that the tenant also has the responsibility of keeping the premises of the rental unit clean and not destroying the property. In cases where damage or infestation is caused by tenants, landlords are not be held liable for damages to the property.

When a tenant becomes aware of a bed bug infestation, they should immediately notify the landlord through a written notice. Keeping track of the written documents in this exchange can be helpful should legal action be needed later on. According to California Civil Code 1954.603, landlords must inform tenants of the procedure to report a bed bug infestation.

According to another civil code, California Civil Code §1942.5, landlords may not seek unlawful retaliation, such as an eviction, against a tenant who has raised concerns about bed bugs. Furthermore, landlords must provide the tenant with a written statement of the pest control agency’s inspection results within 2 business days.

Landlords who have failed to uphold the civil code and provide a habitable living space for their tenants are responsible for treating the bed bug infestations. As such, the tenant cannot be required to pay for the treatment of the bed bugs.

In Knight v. Hallsthammar, it was ruled that the landlord must finance the bed bug treatment regardless of their financial ability. Additionally, according to Civil Code §1954.604, landlords must follow up not only on affected rental units but also on surrounding ones until the resolution of the infestation. Tenants are also required to cooperate with the landlord for the treatment.

In the case that the landlord refuses to cooperate to treat the bed bugs or violates other codes, the tenant may seek legal action and consult a licensed attorney knowledgeable in tenant law.

The tenant will have to prove:

  • That the landlord has violated the California Civil Code 1941

  • That the landlord has received notice of the bed bugs.

  • That the tenant has suffered damages.

To learn more about the landlord's responsibility in bed bug infestation, check out our other article here. To find more information regarding bed bugs and other tenant law-related issues, refer to the blogs here at Tenants of LA. If you have more questions about tenants’ rights or legal assistance, reach out to us using our contact form.

What are the Laws Surrounding Bed Bug Infestations — TENANTS OF CALIFORNIA (2024)

FAQs

What are the Laws Surrounding Bed Bug Infestations — TENANTS OF CALIFORNIA? ›

According to California Civil Code 1954.603, landlords must inform tenants of the procedure to report a bed bug infestation. According to another civil code, California Civil Code §1942.5, landlords may not seek unlawful retaliation, such as an eviction, against a tenant who has raised concerns about bed bugs.

What are the new bed bug laws in California? ›

Starting July 1, 2017, California law requires landlords to give prospective tenants information on bed bug identification and control, including the ways in which tenants can alert landlords to a bedbug problem. The same information must be given to all tenants as of January 1, 2018. (Calif. Civil Code Sec.

Who is responsible for bed bugs tenant or landlord in California? ›

If this then that: If a tenant brings in infested furniture, then they may have to contribute to treatment costs. Key takeaway: Landlords generally must pay for bed bug treatment, but tenants may bear costs if at fault for an infestation.

Which of the following are true regarding California rental property bed bug mandatory disclosures a landlord is? ›

All statements regarding California rental property bed bug mandatory disclosures are correct. Landlords must provide notice about bed bugs, must not retaliate against reporting tenants, and cannot lease infested units.

Can you sue for bed bugs in California? ›

In the state of California, landlords and hotels are typically held liable for bedbug injuries or infestations under the following circ*mstances: Owner or operator of the property knew there was a bedbug infestation, and. They failed to take reasonable action to eradicate or prevent the infestation.

Is a bedbug addendum required in California? ›

California state law requires that Landlords provide all Tenants with specific information about bed bugs, preventing bed bugs, and reporting suspected infestations. Additionally, if a rental unit has been inspected by a pest control professional, the Landlord must give Tenants a copy of all inspection reports.

Do you have to move out if you have bed bugs? ›

Unfortunately, there is no one answer that is the right fit for every situation. In most, but not all situations a victim of a bed bug infestation is better off leaving their home or apartment until the problem is resolved.

Are tenants responsible for pest control in California? ›

According to California housing laws, landlords are responsible for pest control in California – again, with a financial caveat – since they bear the responsibility of maintaining habitable conditions on the property. This policy applies to the following rental properties and more: Apartments. Single-family Homes.

Can my apartment neighbors give me bed bugs? ›

If you live in a townhouse, condo, or apartment where you share a wall with your neighbor, bed bugs can easily travel through vents, across pipes, and between electrical outlets and walls. If you live in a detached home, it's less common for your neighbors to spread bed bugs to your home but not impossible.

What rights do tenants have in California? ›

Under California law, residential tenants are protected from certain rent increases and may be protected from certain types of evictions. It is important to act quickly if your landlord serves you with an eviction notice, tells you to move out, increases your rent illegally, or if you know cannot afford your rent.

Does my landlord have to provide alternative accommodation in California? ›

In California, landlords may be required to provide temporary housing, such as hotel rooms, when a rental property becomes uninhabitable due to factors beyond the tenant's control. Examples of such situations include severe damage from natural disasters, major plumbing issues, or substantial mold infestation.

What is the habitability law in California? ›

Your landlord must keep your home “habitable”—meaning, safe and fit to live in. (See, for example, Civil Code, § 1941.1.) This is true regardless of the home's condition when you moved in.

What are my rights if my apartment has bed bugs California? ›

When dealing with bed bug infestations, it is generally the landlord's responsibility to pay for an exterminator. Under California Civil Code section 1941, landlords are required to provide habitable living conditions for their tenants.

How much is a bed bug lawsuit worth? ›

Filing bed bug lawsuits and winning a case will require some planning, which a bed bug injury attorney can help you accomplish. As noted on our page about resolved cases, bed bug lawsuit settlements can range anywhere from $10,000 to $80,000 or more given the situation.

How to win a bedbug lawsuit? ›

Collecting evidence is crucial in a bed bugs lawsuit. This includes photographs of the infestation and bites, medical records if you sought treatment, communication with the landlord or hotel, and expert testimony if possible. A detailed description of your experience and related expenses is also vital.

Do I have to go to work if there are bed bugs? ›

Many larger companies will have formal HR policies prescribing what to do when an employee reports a home infestation of bed bugs. These policies frequently involve sending the employee home until the situation is resolved.

Do I have to get rid of my bed if I have bed bugs? ›

Do You Need to Throw Away Your Bedding or Furniture? You shouldn't have to throw away any of your possessions during a bed bug infestation. Everything can be salvaged with proper treatment in place. Instead of tossing your clothes and bedding, you should try washing them in a hot water wash.

Do bed bugs need to be disclosed? ›

Some states and cities have bed bug-specific laws requiring landlords to disclose a property's history of bed bugs if a prospective tenant asks; others require disclosure even if no one asks. Nearly all the laws prevent a landlord from renting or advertising a unit with a known current infestation.

How long is the quarantine period for bed bugs? ›

If bed bug signs are discovered in one area of an office, classroom, or dorm room; the entire area may be quarantined to facilitate treatment and to prevent spread of the pests. Quarantine will typically last from 7-21 days and may be extended if initial control treatments fail.

Top Articles
Latest Posts
Article information

Author: Annamae Dooley

Last Updated:

Views: 5806

Rating: 4.4 / 5 (65 voted)

Reviews: 88% of readers found this page helpful

Author information

Name: Annamae Dooley

Birthday: 2001-07-26

Address: 9687 Tambra Meadow, Bradleyhaven, TN 53219

Phone: +9316045904039

Job: Future Coordinator

Hobby: Archery, Couponing, Poi, Kite flying, Knitting, Rappelling, Baseball

Introduction: My name is Annamae Dooley, I am a witty, quaint, lovely, clever, rich, sparkling, powerful person who loves writing and wants to share my knowledge and understanding with you.