Few things for a tenant are more discomforting than bedbugs. However, at what point are bedbugs, and their extermination, the responsibility of the landlord and at what point are they in the purview of a neighbor or tenant? The answers are not always clear and, in fact, are being waged in court rooms and legislatures across the country.

Liability for bedbugs refers to both who is responsible for their extermination as well as can sufferers sue for damages. Extermination responsibility is largely determined by state and local law, with many jurisdictions clearly making a landlord responsible maintaining a pest-free building. However, in some locales, the landlord may only be responsible if there is an infestation in multiple units. In these cases, it is wise to consult with your neighbors before contacting your landlord. While the laws may be on the books, it is important to review your lease. Work with your landlord to make extermination easy. Provide the necessary access to your unit.

While rare, suing your landlord for bedbugs is not unheard of and some folks go the route of “constructive eviction,” a legal term that equates to your wrongful eviction because of a negligent landlord. Successful recover damages, such as the cost of finding a new apartment. You may also sue under the doctrine of “the warranty of habitability,” which presumes that premises are fit for human habitation. For example, in New York in 2004, a court held that a bedbug infestation caused a 45 percent decrease in the “habitability” of an apartment, and ordered the landlord to reimburse the tenant 45% of the rent he had paid for the entire period of the infestation.

Bedbugs are not always the landlord’s fault. Tenants can bring bedbugs into a building despite a landlord’s best efforts. In some cases, a property owner may be able to sue the tenant for the costs of eradicating a bedbug infestation. Bedbugs are a real problem across both public and private housing situations. While most situations are resolved a priori any court cases, there is precedent for large settlements and awards. Landlords are advised to be aware of the law in their locales and take the necessary steps to protect their properties.

Source: Quick & Dirty Tips