Colorado Landlords, what are you doing about HB19-1328 Bed Bugs

[Sarah Humbargar]

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. 

Here is a link: https://leg.colorado.gov/bills/hb19-1328

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? 

[Lia Martinez]

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.