Bed bug infestations can quickly become a source of stress, conflict and legal uncertainty between landlords and tenants. In California, the law provides specific guidance on who is responsible for addressing and paying for the eradication of bed bugs.
Responsibility often depends on the facts of the case, including how and when the infestation occurred, and what actions were taken by both parties.
Landlord responsibility
Under California Civil Code §1941.1, landlords are required to provide habitable premises. This means that a unit must be fit to live in and free from health hazards, including infestations of pests like bed bugs. If bed bugs are present when a tenant moves in, or if the infestation spreads from another unit in the building, the landlord is typically responsible for arranging and paying for treatment. Failure to do so could be seen as a violation of the implied warranty of habitability.
California law also requires landlords to provide tenants with written notice about bed bug prevention and treatment practices. Additionally, once a landlord receives notice of a suspected infestation, they are required to investigate and respond promptly. Delaying treatment can worsen the problem and increase liability.
Tenant responsibility
Tenants may share some responsibility in certain situations as well. For example, if a tenant brings in infested furniture or bedding and fails to report the issue promptly, they could be held partially or fully liable for the cost of treatment. Similarly, if a tenant fails to cooperate with reasonable efforts to inspect or treat the unit—such as refusing to vacate temporarily for extermination—they may bear some of the consequences.
When a dispute arises over responsibility, both landlords and tenants should document everything. Tenants should notify their landlords in writing as soon as they notice signs of bed bugs. Landlords should document all communications, inspections and remediation efforts. Professional inspection reports can help determine the source and scope of an infestation.
If the parties cannot resolve the issue through communication, legal intervention may be necessary. Tenants may have grounds to withhold rent, request a rent reduction or even terminate the lease if the infestation is severe and the landlord fails to act. Conversely, landlords may seek to recover costs if they can demonstrate that the tenant caused the infestation or refused to cooperate with treatment.
