Who is responsible for a Bed Bug infestation? (Apartments)

When thinking about bed bugs in apartments, one might wonder, "who is responsible for remediation". To date, no bed bug legislation is on file in the state of Louisiana. In this battle of tenant vs. landlord, it seems the winners are the bugs.
By: Clif Tomasini
 
April 25, 2011 - PRLog -- At a recent bed bug seminar in Louisiana for a local Apartment Association, I heard from several managers that they are protected from bed bugs because they have a Bed Bug Affidavit which states that tenants are responsible for remediation.  Considering that bed bugs are most likely brought in by tenants,  it only makes sense they be responsible right?

As a property manager here are several questions to consider.

Q:  Where did this problem come from?
A:  Bed bugs don't just pop up, they are transferred from person to person.  Though it is probably a tenant that starts the problem, this may not always be the case.  Other culprits might be, maintenance personnel, moving companies, corporate furnishings, leasing agents, contractors, and of course other tenants.

Q:  How do we know the apartment did not already have bed bugs?  
A:  Even with new construction, it is virtually impossible to prove this pest wasn't present.  Though certified bed bug dogs are very accurate, and currently the best available tool to prevent bed bugs, nothing is 100% all the time.

Q:  When two or more apartments are infested, how do we know where the problem started?
A:  Most people think that the apartment that is most infested is the culprit and while this seems so logical, we can't be certain.  Bed bugs thrive in cluttered environments, but that doesn't mean they always start in one.

Q:  When one apartment is infested how do we know the problem started in it?
A:  Despite our best efforts, we can't be certain.  

Q:  What are other states doing about this problem?
A:  Currently two states are fighting a severe battle against this pest, New York and Ohio.  Both states require landlords to take action and even have hotlines for tenants to call to report bed bug problems.  In New York, bed bugs are a Class B violation, which means that they are considered hazardous.  Landlords have 30 days to correct the problem and must keep it corrected.

Q:  Do bed bug affidavits work?
A:  Until a court of law rules in favor of an affidavit, we don't know.  What we do know is that landlords often have deeper pockets than tenants and while the problem may follow the tenant, it is definitely staying behind.  Either way, the landlord will need to take action.

Q:  Is it unfair to expect the landlord to pay?
A:  Probably so.  It may seem as though landlords are getting a bad deal, and this may be so.  However when considering the problem from a macro scale, it would only make sense that laws be written in favor of the public's best interest.  In this case, the best interest of the public is to keep the problem as small as possible.  Unfortunately this puts the burden on the landlord.

Q:  What can property managers do?
A:  
1. Talk to your pest control company about this problem before you have it.  Figure out what it costs and how they plan to take care of it.  Also find out how common the problem is in your area.  
2. Educate your tenants and staff about the problem.  Give them information so they know what to look for and ask that they report all potential problems immediately.  Handouts and information can be obtained from your pest control company.  
3. Be as open as possible and ask your tenants to do the same.  Small bed bug problems are much easier to eliminate than larger ones.  Catching this problem early is your best bet.  
4. After talking with your pest control expert, you should have a better idea of what your risk is and how much it would cost to eliminate.  Develop an action plan which might include mattress covers, heat treatment, and monitors.  
5.  If there is ever any doubt about an infestation, hire a certified bed bug dog from an independent contractor.  The best dogs don't work for the pest control companies and don't profit from positive results.

Q:  What is a bed bug insurance policy and how does it work?
A:  Many companies, including Inspector Hound, now offer a comprehensive service for this pest.  The service includes regular inspections by a certified bed bug dog, monitoring equipment and devices, and guaranteed treatment of all bed bugs problems.  Just like car insurance, a small monthly payment replaces the worry of this pest and allows tenant and landlord to live in harmony.  Let's not forget that tenants hate bed bugs too.

FOR MORE INFORMATION REGARDING BED BUG INSURANCE CONTACT INSPECTOR HOUND AT 504-616-3800

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Source:Clif Tomasini
Email:***@inspectorhound.com
Zip:70125
Tags:Louisiana, Bed Bug Law, Bed Bug Laws, Bed Bug Litigation, Apartments, Landlord, Bed Bug Affidavit, Baton Rouge, Orleans
Industry:Legal, Property, Health
Location:New Orleans - Louisiana - United States
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Page Updated Last on: May 19, 2011
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