Wednesday, October 18. 2006Are Bed Bugs The New Scourge For Landlords?
This New York Times article is quite possibly the best run-down on bedbugs I’ve seen to date. It dashes the myth that they’re only associated with filth and poor hygiene. It outlines the recent spike in reported infestations. It’s got Landlords a bit ruffled with all the talk of responsibility for eradicating infestations falling squarely on property owners’ shoulders.
The cost for remediation is prohibitive. Up into the thousands of dollars for a professional touch. And there are no guarantees that the little buggers won’t simply return. If a property does NOT have bedbugs one day, and then is infested the next, well, those bugs came from somewhere. Did the tenant bring them in? More than likely. Will they bring them in again? Difficult to say. It’s especially difficult because of the stigma associated with bedbugs. Similar to the shadow cast over lice, it is assumed that bedbugs are the result of poor hygiene. This is a widely held fallacy, both for bedbugs and lice. But no tenant will want to take responsibility for bringing them into their own home, to save their pride if nothing else. But some Property Managers aren’t taking the blame-game with a level head, as is seen here in a NY housing project where the tenant got evicted after she ceased making rent payments due to a child-horrifying bedbug infestation. I’m not so sure it should be the responsibility of the Landlord. Not that they don’t have a responsibility to provide a clean and safe environment for Tenants, but certain infestations are NOT the result of poor property management. Most rodent infestations, or insect infestations (tree roaches, palmetto bugs, wasps, bees, ants, there are several potential examples) that result from poorly sealed properties, are understandably the responsibility of a Landlord. But what about infestations which obviously have no source in the quality of ownership? Kitchen roaches? Mosquitoes? Fleas? These are either brought in, allowed in, or openly attracted by the Tenants themselves. Most pest control treatments are handled by the Landlord as a service, or as routine maintenance to ensure quality residences for rent. They aren’t wholly obligatory, most aren’t terribly expensive, and they rarely involve direct cleaning for the personal belongings of the Tenant. So really, should Landlords take the financial beating brought about by remediation of bedbugs that were obviously brought in by Tenants? As is happening in NYC (based on the Times article mentioned above), where courts are finding in favor of Tenants, forcing Landlords to handle all remediation? I’m having trouble making that connection. Trackbacks
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What if a tenant brings in the bugs then it spreads throughout the building through the walls??? How is that not the owners responsibility to all the tenants?
Meg,
I see your point, and having been a Tenant for many years myself, I understand the concern. But here's the thing: infestations of various sorts SHOULD be the responsibility of the Landlord if they're caused by a Landlord's negligence or improper property maintenance (holes in walls, un-mended fencing, broken windows, etc..). Insects such as roaches or ants are a simple fact of life, but are typically taken care of by Landlords because of the relatively inexpensive cost of remediation. For a couple hundred dollars a year, a Landlord can have happy (happier) Tenants living pretty bug-free, even though the real responsibility for the vast majority of bug infestations is with the Tenants (one and through the walls, or all Tenants, it matters not). But when that Tenant-caused infestation begins to cost upwards of $5k per unit to remediate (without any guarantees of success), and we’re suddenly legally liable to do so, it is only natural for a Landlord to wonder where this logic ends. As a Landlord, I cannot control certain things brought in by Tenants. It’s impossible or illegal to try. People living in close quarters will ALWAYS bring problems to each other. The flu. Lice. Various bacteria. Fleas. Fire. Allergen producing plants. Loud noise. And all that comes from entities beyond the direct, legal control of a Landlord. Where does this line get drawn? When does it become unreasonable to stack such responsibility on a Landlord who is helpless in terms of prevention? I’m not saying Landlords should not do what they can to help remediate something like a bedbug infestation. A Landlord should be just as disturbed by this as a Tenant. I’m just not sure that it should be a LEGAL responsibility. That gets into strange, slippery-sloped-logic territory. The problem, Craig, is that if the bed bugs have spread from one tenant to another, which of those tenants is responsible?
What's more, you should realize that experts note that a lot of people (maybe as many as 30-50%) are not allergic to the bites and so they register no symptoms. So my neighbor could have bedbugs, transmit them to me, and if I am the one to complain, it looks like I brought them in. But not so, he had them and did not notice any bites. (Needless to say, it's common not to see bed bugs.) These infestations that are not noticed (at least for awhile) are a commonplace occurrance. In a multi-unit building, which tenant gets blamed? And, more to the point, if one tenant refuses to or can't hire a pest control operator (due to cost), the bugs can make the whole building uninhabitable. This is not to say that landlords should be expected to foot the bill; I just think expecting tenants to is wrong and impractical. This is a huge epidemic in certain cities and may become a public health issue. The government needs to take steps to eradicate the problem. The bottom line is that as this spreads, neither landlords NOR tenants are going to be able to afford to treat it as quickly or thoroughly as needed. In order to stop the spread, I think we need government intervention of some kind. I cannot imagine the havoc an infestation of lice or bedbugs or fleas would do in a multi-unit building. What an individual homeowner has to do in order to eradicate one of those pests seems insurmountable, but depending on every tenant to perform the same kind of detailed vacuuming, washing, scrubbing, and treatment is beyond comprehension. Thank goodness the worst I've had to deal with is roaches and mice!
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