Landlord/Tenant Actions For Bed Bug Infestations
According to the new bed bug law signed into action by Colorado Governor Jared Polis, if you rent or lease residential property from an independent landlord or property management group, it is your responsibility to promptly notify your landlord about a bed bug infestation.
How Do I Notify My Landlord About Bed Bugs?
In order to have your bed bug infestation eliminated quickly, it is your responsibility to reach out to your landlord electronically to notify them of a bed bug infestation by:
- Written notice
- Electronic notice such as email
- Via telephone
It is essential that you contact them through the information they provided you on the rental agreement for communication, or through the contact information that was provided to you by your landlord at another time.
Tenant Responsibilities After Notifying Their Landlord
Once you have notified your landlord or property management company of a suspected bed bug infestation, tenants are expected to:
- Keep a record/proof of the confirmed delivery of your electronic notification sent to your landlord.
- The tenant is expected to comply with the bed bug inspection performed by the landlord and/or qualified bed bug exterminator.
- The tenant is responsible for covering the costs associated with preparing the rental property for the inspection and bed bug treatment.
- The tenant is expected to comply with all reasonable measures the landlord is taking to identify and treat the bed bug problem.
- Should tenants fail to comply, they will be held responsible for covering the costs of the inspection and/or bed bug removal.
- Additionally, failure to comply could result in the tenant paying additional costs to cover bed bug treatments for other units that have become infested as a result of their noncompliance to have the bed bugs removed.
Common Questions We Hear from Tenants
Below are some of the frequently asked questions we hear from tenants when they have a bed bug infestation.
Are landlords responsible for bed bugs in Colorado?
According to the bed bug law for landlords and tenants, your landlord is responsible, in most cases, for covering all costs of a bed bug inspection and bed bug treatment when these pests are present in your rental dwelling. The tenant is expected to fully comply with all of the expectations listed above in order for the landlord to cover the costs associated with an infestation.
Can I get out of my lease because of bed bugs?
This would be determined on a case-by-case basis. In some cases, you may be able to get out of your lease if you told your landlord about the infestation and they did nothing about it. The tenant must first comply with the tenant responsibilities when notifying their landlord, and if the landlord fails to promptly set up a bed bug inspection followed by treatment according to their lawful responsibilities, further action may be pursued by the tenant. As we are unable to give legal advice on this matter, please refer to the guidelines and stipulations in the legislation, or contact legal counsel on the matter.
Who should I contact first if I have bed bugs?
If you suspect you have bed bugs in your rental, then you should first contact your landlord or property manager immediately via written notice, email, and/or telephone. Be sure to keep proof that you did indeed notify your landlord for your records.