Investor · Northern California · Member since 2015 · 126 posts · 40 votes
Hi BP Community!
One of my SF in the Dayton, OH is reporting bed bugs. They moved in December 1, 2016 and just reported it to my PM this week. I know it wasn't infested 6 months ago, and I have always made repairs in a timely manner once reported. Tenant is insistent that it wasn't him, and expects me to pay the $2600 treatment. He also wants to sue for damages of mattresses thrown out, furniture, etc. In this area we have seen an uptick in bed bugs, but he's been living there long enough for a judge to side with me. Any ideas on how to help my Property Manager defuse the situation before court even happens? I'm so over this tenant!
Northampton, MA · Member since 2017 · 4 posts · 5 votes
9y
I'm a lawyer among other things, and this idea is for educational and entertainment purposes only: Tell the tenant to *please* sue you--if he files first you won't have to pay the court-filing and process-server fees when you counter-sue him for bringing bed bugs into your renal property.
Investor · Northern California · Member since 2015 · 126 posts · 40 votes
9y
Thank you all for your generous advice and thoughtfulness. I'm happy to report my PM has stepped up and is now handling the situation more professionally. I now have a process in place, and I certainly will ensure my lease is iron clad on this issue going forward. Thanks again for your support BP community! :)
I'm a lawyer among other things, and this idea is for educational and entertainment purposes only: Tell the tenant to *please* sue you--if he files first you won't have to pay the court-filing and process-server fees when you counter-sue him for bringing bed bugs into your renal property.
This doesn't work in CA. The response to a law suite still needs to be filed with the Court hence paid and properly served to the Plaintiff which also costs money.
I'm a lawyer among other things, and this idea is for educational and entertainment purposes only: Tell the tenant to *please* sue you--if he files first you won't have to pay the court-filing and process-server fees when you counter-sue him for bringing bed bugs into your renal property.
This doesn't work in CA. The response to a law suite still needs to be filed with the Court hence paid and properly served to the Plaintiff which also costs money.
So a CA plaintiff can walk into the clerk's office, file a complaint, put cash on the wood, and then assert that the very same court lacks personal jurisdiction over him in a compulsory counterclaim? Lol. I think that you're mistaken.
Northampton, MA · Member since 2017 · 4 posts · 5 votes
9y
There are definitely rules and deadlines about when and how to serve your counterclaim, but two first-class mail stamps are all you need (one to send it to the plaintiff or his attorney, and the other to send it to the court).
Real Estate Investor · Westminster, CO · Member since 2012 · 25 posts · 18 votes
9y
I sure wouldn't mind seeing what some of you are using for a "pest clause" in your leases that would take care of a problem like this. After seeing this, I reread my lease and decided my language wouldn't be strong enough if this situation happened to me with one of my tenants.
Investor · San Jose, CA · Member since 2012 · 61 posts · 40 votes
9y
With this incident occurring in California, new law effective July 1 : https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB551
First question, does your lease address bugs at all? Second, who is your PM?
In general, for a single family, the presumption after this period of time would be that the tenants were the cause, and are responsible for the cost of fixing.
The PM should have a nice quiet personal conversation with the tenant.
Lender · Dayton, OH · Member since 2008 · 1k+ posts · 705 votes
9y
@Jen Lucas There's a full three page addendum that includes a lot of best practices and instructions for the tenant. Here are some of the key parts.
PEST CONTROL: There are currently no fleas, mites, ticks, roaches or bed bugs in the premises. Resident will check prior to move in for bed bugs and other pests in their household goods and the new home. If during residency pests appear Management may call our pest control company but the resident will pay for it. If resident does not pay for treatment then they may be evicted.
RESIDENT REPRESENTS AND WARRANTS THAT ALL FURNISHINGS AND OTHER PERSONAL PROPERTY THAT WILL BE MOVED INTO THE UNIT AT ANY TIME HAVE BEEN INSPECTED BY RESIDENT AND ARE FREE OF BEDBUGS AND PESTS.
RESIDENT RESPONSIBILITIES. Resident agrees to maintain the premises in a manner that prevents the occurrence of a bedbug infestation and other pests, and to respond appropriately to any infestation. Resident agrees to comply with the following responsibilities:
a. RESIDENT MUST REPORT ANY SIGNS OF BEDBUGS AND PESTS IMMEDIATELY. Do not wait. Even a few bugs can rapidly multiply to create a major infestation. When an infestation is caught early, treatment is often much quicker and less disruptive to the occupants than when the infestation is more advanced. We can suggest a good pest control company.
b. RESIDENT SHALL PRACTICE GOOD HOUSEKEEPING TO PREVENT INFESTATION.
Avoid using secondhand or rental furnishings, especially beds, mattresses and any soft furniture. Used items may be infested with bedbugs and pests. If you must use rented or secondhand items, inspect them carefully and never accept any that shows signs of bedbugs and pests. Do not bring discarded items from the curbside into the unit.