SB 846 - This act defines the duties and liabilities of landlords and tenants of multifamily residential units in regards to bed bugs. Landlords and tenants both must use reasonable care to keep units free of bed bugs. Landlords must inspect a unit within seven days of being notified by the tenant that they suspect bed bugs. If it is determined that the unit has bed bugs, the landlord must begin the process of controlling the bed bugs within fourteen days. The landlord must also notify surrounding units about the bed bugs. The landlord must give twenty-four hours notice to the tenant before entering their unit to inspect or control bed bugs. Only landlords or their designated pest control agent shall apply bed bug control techniques.
If after notice a tenant does not grant permission to the landlord or pest control agents to enter their unit or fails to comply with the bed bug control methods, the landlord will not be liable to the tenant for damages relating to the bedbugs and the tenant may be found in breach of their lease. Landlords are not liable to a tenant or a tenant's guest for damages arising from an infestation of bed bugs, inspection, or control of bed bugs unless the landlord was grossly negligent.
If a tenant does not notify the landlord within seven days of moving into a unit that it has bed bugs, the tenant will be deemed to have acknowledged that the unit is bed bug free. Tenants shall notify the landlord within forty-eight hours of knowing, suspecting, or when they should have known of a bed bug infestation. Failing to do so notify may make the tenant liable for the costs of treating the unit for bed bugs. The tenant giving notice to the landlord shall also constitute permission for the landlord to enter the premises. If a tenant gives proper notice to their landlord and the landlord fails to properly act, the tenant will not be liable to the landlord for damages relating to the bed bugs.
MIKE HAMMANN