I rented to a tenant about a year ago, who turned into amajor problem on the smallest of things, very verbally abusive. She signed a lease that said she accepted the house free of pests, to include bed bugs. It also said she was responsible for treatment. Further I have a separate document which says more or less the same thing.

After she had been in the house for 6 months, and after many, many other issues, she came up with bed bugs. She had the house inspected by Terminix, who said they could treat them for $2000. I pointed out to her the documents she signed. I also pointed out it was clear that after 6 months she had brought them in herself. I did not go to the house, did not have it checked myself.

So finally, the lease is over. She’s moving out. I gave her move out instructions, and in the instructions asked for receipts or other proof of bed bug treatment. You can imagine how that went over.

I’m probably going to hire someone to inspect for bed bugs. If they are there, I’m going to pay for treatment. But I think this is a deduction to the security deposit, if in fact I have to treat bed bugs.

I’d be interested in your comments. How would you handle it?

Wow...quite a situation. I had my first bed bug episode earlier this year. Per my attorney's advice, we treated so that we met the warrant of habitability and then billed the cost to the tenant. She failed to pay, so we evicted her. That kept the judge 100% on our side. Like your lease, my lease says the tenant is responsible for any bugs. We warrant bug free for the first 30 days, but we specifically exclude bed bugs from the warranty because we use Scen-Sci volcanoes between tenants to monitor for the bugs.

The bottom line here is the warrant of habitability. It's the land lord's duty to provide a habitable unit. If the cost of repair/treatment is due to the tenant violating the lease, then yes they are responsible for the cost, but that doesn't excuse you from making the repair to begin with. You want the judge in your corner if/when it goes to court.

Sid - have you ever caught anything in the sendi-volcanoes?

I have been battling bed bugs. Had an episode about 2 years ago. Chemical treatments worked after many repeated visit. Initially the cost was something like $430 and the same next 90 days will come back for free.

Have a new case this year, in a different unit, same building. Working to get it resolved as we speak.

After first episode signed on for quarterly treatments. $265/quarter to come in an inspect/treatment each apartment. If there is a problem they come back unlimited amount of times for free. These suckers are definitely a PITA to get rid of.

Still Learning... no bugs in the volcanoes yet...AND no tenants reporting bugs. So far, so good. Do they work? I dunno. My pest control guy uses them, so that seems fairly legit. Until they fail, I'm going to assume they work. Better than doing nothing and x-ing my fingers.

We treat for pests prior to move in. Our maintenance addendum makes them responsible for pest control and bed bugs.

James,

Might not be BBs. Go look. I've had lots of BB scares that turned out to be chiggers in the yard or fleas. Photos showing them in the mattress could help if the res balks in court.

Locally, the price to treat has come waay down. Was $1500 to heat treat, then $850, now even less. New guy will heat for $400.

BBs are very predictable.

We use liquid spray then dust, but gotta know where to put it. I'm tempted to just run a salamander for my own heat treatment.

NC, I have watched the judge throw out addendums in the courtroom to the LL's dismay and renter's advantage. If it's important just put it in the lease. My lease is clear: it's all in there.

BRAD

so you have a security deposit of OVER 2k??

I'd find that hard to beleive.

Bottom line is you as the owner of the property are responsible for the treating of bedbugs.

Yes you can word your lease anyway you want and try to get reimbursed from tenant, but if push comes to shove with the city or town folk, YOU will be held responsible to exterminate.

Been there many times with BB's.

Mike,

"Been there many times with BB's"