Realtor · Castle Rock, CO · Member since 2017 · 28 posts · 14 votes
Hey there Colorado landlords! How is everyone planning to address the impacts of the incoming law HB19-1328? My understanding is it hasn't become law yet but is just awaiting the governors signature.
What concerns me is the response period requirement and the requirement that the landlord is responsible for all costs!
" Not more than 96 hours after receiving notice of the presence or possible presence of bed bugs, a landlord:
Shall inspect or obtain an inspection by a qualified inspector of the dwelling unit; and
May enter the dwelling unit or any contiguous unit for the purpose of conducting the inspection.
If the inspection of a dwelling unit confirms the presence of bed bugs, the landlord shall also cause to be performed an inspection of all contiguous dwelling units as promptly as is reasonably practical.
Except as otherwise provided, a landlord is responsible for all costs associated with inspection for, and treatment of, the presence of bed bugs. "
What are the best approaches to handling this? Can we and should we be charging a new "bedbug fee" to cover the future costs? Are there other states with similar laws?
Rental Property Investor · Denver, CO · Member since 2015 · 80 posts · 68 votes
7y
I had a situation with bed bugs about a year and half ago in a duplex of mine in Aurora. The resident complained about bed bugs biting her year old baby about 8 months after moving in. After speaking with many bed bug companies, they said she must have brought the bed bugs in (not crawled across the yard from the neighbors house, as she tried to claim).
I paid just over $300 to have a remediation done. The issue is that the resident also has to follow certain onerous and strict procedures regarding all of their 'stuff' and furniture/bedding in order to rid of them. She didn't follow the procedure and when they came back, she complained and said I had to do another round of treatment (another $300). I balked and said it was her fault, she should cover the additional costs. She tried to get a lawyer involved. My lawyers recommended just trying to appease her instead of going through court. Luckily the second remediation worked.
Long story short, I now include a long section of my leases about bed bugs. The resident has to sign and certify that there are no bed bugs when they move in. Then it goes on to say that they will be responsible for all bed bug costs and remediation if bed bugs are found after they move in. This section is about half a page long in the lease.
Fort Collins, CO · Member since 2019 · 185 posts · 61 votes
7y
@Sarah Humbargar This is interesting. Obviously, no one wants bed bugs! I feel like it would depend on who brought the mattresses/other furniture in - if it was the renter, then they most likely brought the bed bugs in with them. If landlords have mattresses at the house they provide, then it would make more sense for them to cover the costs of bed bugs. Luckily, in Colorado where it's dry, bed bugs are less common than in some other states that are both hot and humid. I don't think charging a bed bug fee in advance would be fair to the renters if it wasn't their mattress or not their fault of how they got there - this will most likely be determined on if it is their mattress they brought in or not. I didn't find any fine print about that point in the law, so that would be interesting to research!
Realtor · Castle Rock, CO · Member since 2017 · 28 posts · 14 votes
7y
@Taylor Roeling Yes, no one wants bed bugs and I think most landlords and tenants are reasonable when it comes to these types of situations. The concerning thing is that the bill language states it is the landlord's financial oblligation to remediate, but does not specify anything different if the tenant brought the bedbugs to the premis. I assume this means that regardless of who brought in the bedbugs, it is the landlords financial responsibility. To me, its seems like you almost need to prove there were no bedbugs present when the tenant moved in, and even if you do that I'm not sure this information will prevent the landlord from being responsible for the cost of future mitigation. Maybe I'm just reading into the bill more than I should, but this seems like a major overstep that could cost landlords thousands of dollars when the issue is most often caused by a tenant bringing in an infected item.
I agree, it depends upon who's fault it is. I had a tenant that for two years had no problem, then he brought a used mattress into the apartment and we had bed bugs. Maybe you should explore a clause in the lease to cover this stating that if the bed bugs are due to the tenant bringing them into the apartment in furniture that they will be responsible for the cost to remove them. Just make it a part of the lease agreement.
Rental Property Investor · Denver, CO · Member since 2015 · 80 posts · 68 votes
7y
I had a situation with bed bugs about a year and half ago in a duplex of mine in Aurora. The resident complained about bed bugs biting her year old baby about 8 months after moving in. After speaking with many bed bug companies, they said she must have brought the bed bugs in (not crawled across the yard from the neighbors house, as she tried to claim).
I paid just over $300 to have a remediation done. The issue is that the resident also has to follow certain onerous and strict procedures regarding all of their 'stuff' and furniture/bedding in order to rid of them. She didn't follow the procedure and when they came back, she complained and said I had to do another round of treatment (another $300). I balked and said it was her fault, she should cover the additional costs. She tried to get a lawyer involved. My lawyers recommended just trying to appease her instead of going through court. Luckily the second remediation worked.
Long story short, I now include a long section of my leases about bed bugs. The resident has to sign and certify that there are no bed bugs when they move in. Then it goes on to say that they will be responsible for all bed bug costs and remediation if bed bugs are found after they move in. This section is about half a page long in the lease.
Rental Property Investor · Phoenix, AZ · Member since 2013 · 919 posts · 911 votes
7y
I have a friend in AZ that has a bedbug addendum. Basically it states that the place at turnover is 'bedbug free'. If bedbugs are found, it is the tenants responsibility. Not sure how legal it is, but it works for him.
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
7y
Bedbugs are an owner problem, because they spread from unit to unit. Just build the treatment it into your rental calculation (Raise the rents).
If one resident has them, all units with touching walls ceilings and floors must be checked and treated.
The check is quick for an inspector, and the treatment may involve ongoing treatments, that you will have to pay for.
Now for the real awful part. If you go into one of these "Bed Bug Units" yourself, they can hide themselves in the seams of your clothes, and will infest you, your vehicle, and your home and family. Best to have the inspector go in for you.