Bedbugs: Treat First, Determine Responsibility Later

Why Immediate Action Matters

When a tenant reports bedbugs, a landlord's legal responsibility under California law is clear: act promptly to maintain habitable conditions. Bedbugs, if present, make a unit uninhabitable under Civil Code sections 1941.1 and 1941.3. That means owners must respond quickly and professionally. Delaying treatment while trying to determine fault can worsen the problem, increase costs, and expose you to liability.

You are not required to accept blame or waive the right to recover costs. But you are required to take action. Treat first. Determine responsibility later.

Not All Bites Are Bedbugs

Many tenants report unexplained bites as bedbugs, but not all insect bites are caused by bedbugs. Other possible culprits include:

• Fleas (especially in pet-friendly units or those with wildlife issues)

• Mosquitoes

• Carpet beetles (which irritate the skin but do not bite)

• Tropical rat mites (often associated with dead rodents in walls or attics)

Jumping to conclusions can lead to unnecessary treatments, tenant panic, and wasted money. A licensed pest inspection should always be the first step before treatment or assigning blame.

What the Law Requires

Under California law, landlords must:

• Maintain habitable premises at all times (Civil Code 1941.1)

• Promptly respond to tenant complaints about pest activity

• Use licensed pest control professionals for inspection and treatment

• Avoid retaliatory behavior when tenants report suspected bedbugs (Civil Code 1954.603)

• Provide proper notice of entry for inspections and treatments

Failure to respond in a timely and effective manner can expose a landlord to habitability claims, rent reductions, or other penalties.

Who Pays?

In most cases, the landlord is financially responsible for bedbug treatment. Pests are considered a habitability issue, and landlords cannot shift habitability obligations to tenants through the lease.

However, if you have clear and specific evidence that a tenant caused the infestation, you may seek reimbursement. Acceptable evidence might include:

• A pest control report identifying the source in the tenant's personal belongings

• Photographs or documentation showing infested furniture brought into the unit

• Proof that the tenant failed to follow treatment instructions or refused access

• Voluntary admissions, such as:

  • "I brought in a mattress I found on the curb"

  • "I bought a used backpack off Facebook Marketplace and that must be where they came from"

These types of statements, when documented, can serve as strong indicators of responsibility. Even then, you must proceed carefully.

You cannot automatically charge the tenant, deduct from the security deposit, or add the cost to the rent bill. California courts and rent boards base decisions on evidence, not assumptions. Charging a tenant without solid documentation could lead to a rent reduction, a small claims case, or even a counterclaim for uninhabitable conditions.

Berkeley-Specific Notes

• If a landlord fails to resolve a confirmed infestation, tenants in rent-controlled units may file a petition with the Rent Board seeking a rent reduction or rebate. The Rent Board may lower the lawful rent ceiling if the infestation makes the unit uninhabitable and the landlord does not act promptly and effectively.

• Landlords may not charge tenants for bedbug treatment as a routine matter. Recovery of costs is allowed only if there is direct, well-documented evidence that the tenant caused the problem.

• Pest control costs cannot be passed through to tenants as rent increases or added line items on rent bills, particularly in fully rent-controlled units.

Best Practices for Housing Providers

1. Take all reports of pest activity seriously, but do not assume the cause without inspection.

2. Hire a licensed pest control professional to inspect and document findings.

3. Notify tenants of inspection and treatment with proper notice of entry.

4. Inform adjacent units if necessary to prevent spread.

5. Document all reports, communications, inspection results, and invoices.

6. Complete treatment promptly. Evaluate tenant responsibility only after the facts are established. 

Use a Bedbug Disclosure Form

BPOA provides a standalone Bedbug Disclosure form that can be incorporated into your lease or lease packet. It outlines the tenant’s responsibilities related to:

• Inspecting personal belongings before move-in

• Promptly reporting signs of bedbugs in writing

• Cooperating fully with treatment and preparation instructions

• Avoiding the introduction of infested items into the unit

• Acknowledging that failure to follow prevention steps may result in liability

The disclosure also helps establish shared responsibility for habitability and provides a basis for cost recovery if tenant negligence can be shown. Importantly, it reinforces the idea that early reporting and full cooperation are key to preventing serious infestations.

BPOA members can find the Bedbug Disclosure in the Rental Housing Forms Library under Addenda and Disclosures.