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Q: Is my landlord responsible for the cost of exterminating bed bugs? ( Answered,   1 Comment )
Question  
Subject: Is my landlord responsible for the cost of exterminating bed bugs?
Category: Family and Home > Home
Asked by: petes99-ga
List Price: $20.00
Posted: 06 Sep 2005 12:29 PDT
Expires: 06 Oct 2005 12:29 PDT
Question ID: 564880
I live in an apartment with 3 other people in Massachusetts - we each
have our own bedroom. I recently discovered bed bugs in my room. After
being bitten several times, I woke up itching and found an engorged
one under my pillow - followed by several more climbing the walls.
This was rather apalling.

After doing alot of reading, I see that I need to contact a
professional. My landlord is responsible for pest control such as ants
or mice; I assume bed bugs would fall under this, but I am not sure.

Request for Question Clarification by sublime1-ga on 06 Sep 2005 13:25 PDT
pete...

While mice and ants typically come in from the outside,
bed bugs are more commonly carried in, via luggage, old
mattresses, furniture, and so on. However, they have been
known to travel from unit to unit through piping, so it's
possible that other tenants in your building are having 
the same problem, and your landlord then SHOULD be very
interested in controlling the situation. You may want to
talk to your neighbors to see if they can confirm this.
A group appeal to the landlord is more likely to be 
successful, and carry more weight legally.

If your landlord has reason to conclude that yours is an
isolated incident, and that you somehow carried the critters
in yourself, he is less likely to feel responsible.

As for the certainty you seek, I don't think anyone can 
provide that without going over your lease in detail, and
investigating whether your neighbors are having the same
problem, so I won't post this as an answer without your
approval.

Let me know what you think, and what else you might need
to consider your question answered...

sublime1-ga

Request for Question Clarification by sublime1-ga on 06 Sep 2005 13:29 PDT
P.S.

This page from the Harvard School of Public Health has an 
excellent discussion of the matter:
http://www.hsph.harvard.edu/bedbugs/

Request for Question Clarification by justaskscott-ga on 06 Sep 2005 15:52 PDT
In what town do you live in Massachusetts?  (I have not researched
your question yet; but I presume that different towns have different
pertinent regulations.)

Clarification of Question by petes99-ga on 06 Sep 2005 16:52 PDT
Hi there, 

Thanks for the help thus far! I too thought these things were simply a
myth! The Harvard link has quite a bit of useful information, as does
the flow chart. I will contact my landlord immediately - unfortunately
he is not a very attentive property manager so I will have to have
some faith. I certainly do not want to be responsible for the costs of
an exterminator.

I have postitively identified several of the bugs now, but have not
found signs of much infestation in my room which is fairly comforting.
To boot, I found a creepy centipede on my wall the night I tracked
down the bed bugs. And there is actually a spider behind my bed that
has caught several in its web. I keep my room rather neat and am a
very clean person myself, believe it or not.

I currently live in Newton, MA. My lease is a standard RHA (fixed
term) lease for the state, which does not mention critter infestation
of any kind.

pete

Request for Question Clarification by sublime1-ga on 06 Sep 2005 21:00 PDT
pete...

You said, "I certainly do not want to be responsible for
the costs of an exterminator."

I wanted to point out that this would not be a good thing
to do, even if you wanted to, per the site I referred you to:

"Do not apply pesticides unless you fully understand what you
 are applying and the risks involved. You are legally liable
 if you misapply a pesticide, or apply it without a license to
 the property of another (including common spaces in apartment
 buildings). Generally, landlords, owners and building managers
 CANNOT legally apply pesticides. They should, instead, hire a
 licensed pest control operator to confirm the infestation and
 to develop an integrated pest management plan."
http://www.hsph.harvard.edu/bedbugs/#do

I'll also repeat my encouragement to talk to your neighbors,
perhaps even before calling your landlord, to determine if 
there might be a larger problem than simply your apartment,
and thus provide some leverage for pressuring your landlord.

sublime1-ga
Answer  
Subject: Re: Is my landlord responsible for the cost of exterminating bed bugs?
Answered By: justaskscott-ga on 06 Sep 2005 21:43 PDT
 
Hello petes99,

As stated in the disclaimer at the bottom of the page, answers and
comments provided on Google Answers are general information, and are
not intended to substitute for informed professional legal advice.

According to Massachusetts government web pages outlining landlord and
tenant rights and responsibilities:

"You [tenants] are entitled to a safe and habitable living environment
throughout your entire tenancy.  The State Sanitary Code protects the
health, safety and well-being of tenants and the general public. ....

The following is a sampling of provisions outlined in the Code: ...

The landlord must maintain the unit free from rodents, cockroaches,
and insect infestation, if there are two or more apartments in the
building."

"Tenant Rights & Responsibilities" (Prepared by: Massachusetts
Association of Realtors) [scroll down to "Tenants' Rights,"
"Habitability Rights," and "Cockroaches and rodents"]
Commonwealth of Massachusetts: Office of Consumer Affairs and Business Regulation
http://www.mass.gov/portal/index.jsp?pageID=ocaterminal&L=4&L0=Home&L1=Consumer&L2=Housing+and+Home+Improvement&L3=Tenant+%26+Landlord&sid=Eoca&b=terminalcontent&f=tenants_rights_and_responsibilities&csid=Eoca

"You [the landlord] must provide habitable apartments and common areas
for the entire tenancy in accordance with the minimum standards of the
State Sanitary Code which seeks to protect the health, safety, and
well-being of your tenants and the general public. ...

You [the landlord] must maintain the common areas and apartments free
from rodent, insect and other infestation if there are two or more
apartments in the building."

"Landlord Rights & Responsibilities" [scroll down to "Duty to Provide
Habitable Premises" and "Infestation"]
Commonwealth of Massachusetts: Office of Consumer Affairs and Business Regulation
http://www.mass.gov/portal/index.jsp?pageID=ocaterminal&L=4&L0=Home&L1=Consumer&L2=Housing+and+Home+Improvement&L3=Tenant+%26+Landlord&sid=Eoca&b=terminalcontent&f=landlord_rights_and_responsibilitie&csid=Eoca

The State Sanitary Code states, in part:

"The owner of a dwelling containing two or more dwelling units shall
maintain it and its premises free from all rodents, skunks,
cockroaches and insect infestation and shall be responsible for
exterminating them."

"105 CMR 410.000: Minimum Standards of Fitness for Human Habitation
(State Sanitary Code, Chapter II)" (4/8/05) [section 410.550, on page
18 of PDF file]
Commonwealth of Massachusetts: Department of Public Health
http://www.mass.gov/Eeohhs2/docs/dph/regs/105cmr410.pdf

The Harvard School of Public Health page cited by sublime1 states that
bedbugs are insects.  So I presume that they are encompassed with the
term "insect infestation."

- justaskscott


Search strategy --

Searched on Commonwealth of Massachusetts website for:

landlord
tenant
sanitary code
Comments  
Subject: Re: Is my landlord responsible for the cost of exterminating bed bugs?
From: cynthia-ga on 06 Sep 2005 15:49 PDT
 
blime1 gave you an excellent link above... I had always thought "don't
let the bed bugs bite" was nothing more than an old saying ---boy was
I wrong!

Be sure to check out the page on managing and treating for bed bugs,
linked from sublime1's page:

A Flow Chart
http://www.hsph.harvard.edu/bedbugs/management.html
Note, at the bottom it says tenants should contact their landlord as
the first item of management.

I'd also give my landlord a copy of the flow chart, it is from a VERY
reputable source.

~~Cynthia

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