In California, tenants have clear legal rights that guarantee their right to live in a safe, healthy home free of pests, including bed bugs (Cimex lectularius). These infestations are not just a minor annoyance; they represent a public health problem that can cause:
• Painful bites that cause skin irritation.
• Severe allergic reactions in sensitive individuals.
• Sleep disturbances due to stress and discomfort.
• Psychological impact, including anxiety and social embarrassment.
According to data from the California Environmental Protection Agency (CalEPA), bed bug infestations have increased by 70% in the last decade, especially in densely populated urban areas.
Landlord Responsibilities Under California Law
The California Habitability Act (Civil Code §1941.1) requires landlords to maintain properties free from pests and health hazards. Since 2017, Civil Code §1954.603 establishes specific obligations regarding bed bugs:
1. Prohibition on Renting Infested Units
– The landlord cannot rent or renew a lease if they know there are bed bugs in the unit.
– If an infestation is discovered before moving in, the tenant can refuse to sign the lease or require professional treatment beforehand.
2. Right to Be Informed
– The landlord must notify the tenant if recent bed bug inspections have been conducted.
– If there have been previous infestations in the building, the tenant has the right to know.
3. Access to Professional Treatment
– The landlord must coordinate and pay for extermination services with authorized companies.
– The tenant must allow access to their unit for fumigation, but with 24 to 48 hours’ notice (except in emergencies).
4. Prohibition of Retaliation
– If the tenant reports bed bugs, the landlord cannot evict them, increase the rent, or harass them in retaliation (Civil Code §1942.5).
At Friedman & Chapman, our team of tenants’ rights attorneys can help you:
• Put pressure on your landlord to comply with the law.
• Sue for damages if you suffered harm to your health or property.
• Defend you in wrongful eviction cases.