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2013-2014 Bill 3143: Bedbug infestation – South Carolina …

Posted on July 1, 2020 by admin Click Here For Article

South Carolina General Assembly 120th Session, 2013-2014

Download This Bill in Microsoft Word format

Indicates Matter Stricken Indicates New Matter

H. 3143

STATUS INFORMATION

General Bill Sponsors: Rep. Gilliard Document Path: l:councilbillsagm19770ab13.docx

Introduced in the House on January 8, 2013 Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs

Summary: Bedbug infestation

HISTORY OF LEGISLATIVE ACTIONS

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/11/2012

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 45-1-15 SO AS TO REQUIRE NOTICE OF BEDBUG INFESTATION TO A TRANSIENT GUEST OF A HOTEL OR SIMILAR LODGING; BY ADDING SECTION 27-40-445 SO AS TO REQUIRE NOTICE OF BEDBUG INFESTATION TO A TENANT UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT; AND BY ADDING SECTION 15-75-70 SO AS TO REQUIRE NOTICE OF BEDBUG INFESTATION TO A PERSON SEEKING TEMPORARY OR PERMANENT RESIDENCE IN A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER, AMONG OTHER THINGS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 1, Title 45 of the 1976 Code is amended by adding:

"Section 45-1-15. (A) Every boardinghouse, hotel, motel, bed and breakfast, residential-type lodging facility, tourist camp, roadhouse, or other similar lodging governed by this chapter where transient guests are lodged in exchange for valuable consideration shall conspicuously post a notice of bedbug infestation in any guestroom in which there has been a bedbug infestation about which the owner, manager, or other responsible party is aware.

(B) The notice required in subsection (A) must be conspicuously posted within one inch of the notice required in Section 45-1-10 if the lodging is a hotel.

(C) Whoever fails to comply with the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than three hundred dollars or by imprisonment for not more than sixty days or by both fine and imprisonment in the discretion of the court. Every instance in which the required notice is not provided as required in subsection (A) constitutes a separate offense under this section for the purposes of prosecution and conviction.

(D) As used in this section:

(1) 'Bed and breakfast' means a residential-type lodging facility where transient guests are fed and lodged for valuable consideration, and includes a bed and breakfast inn, homestead bed and breakfast, and a country inn.

(2) 'Bed and breakfast inn' means a residential-type lodging facility that has three to ten guestrooms and serves only breakfast to registered guests.

(3) 'Guestroom' means a sleeping room, or a combination of rooms for sleeping and sitting, that include:

(a) a bed;

(b) a private or shared bathroom;

(c) clothes hanging and storage amenities; and

(d) a selection of furniture and lighting.

(4) 'Home stay bed and breakfast', a residential-type lodging facility that has one to three guestrooms and serves only breakfast to registered guests.

(5) 'Hotel' means a inn or public lodging place of more than ten bedrooms where transient guests are fed or lodged for compensation.

(6) 'Innkeeper' means the proprietor of a bed and breakfast.

(7) 'Residential-type lodging facility' means a facility that:

(a) serves as both the innkeeper's residence and a place of lodging for transient guests; and

(b) is primarily residential in style regarding the amenities provided to guests.

(8) 'Transient guest' means a person who lodges for less than one week at such a hotel."

SECTION 2. Article 3, Chapter 40, Title 27 of the 1976 Code is amended by adding:

"Section 27-40-445. (A) A landlord or a person authorized to enter into a rental agreement on behalf of a landlord shall disclose to the tenant in writing at or before the commencement of the tenancy notice of bedbug infestation in any room in which there has been a bedbug infestation about which the landlord or a person authorized to enter into a rental agreement on his behalf is aware.

(B) A violation of this section entitles a tenant to remedies available under Section 27-40-610.

(C) A person authorized to enter in a rental agreement on behalf of a landlord who fails to comply with subsection (A) with regard to such an agreement becomes an agent of the landlord with respect to that rental agreement for:

(1) service of process and receiving and receipting for notices and demands; or

(2) performing the obligations of the landlord under this section."

SECTION 3. Chapter 75, Title 15 of the 1976 Code is amended by adding:

"Section 15-75-70. Notwithstanding another provision of law, if any room in a charitable or emergency protective shelter, public or private, experiences a bedbug infestation, an agent of the shelter shall provide written notice of the bedbug infestation to a person seeking temporary or permanent residence at the shelter within twenty four hours of the person commencing his residency in the shelter. A municipality or county in which a shelter violating this section is situated may obtain injunctive relief against the shelter for a violation of this section."

SECTION 4. This act takes effect upon approval by the Governor.

This web page was last updated on Thursday, February 28, 2013 at 3:23 P.M.

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2013-2014 Bill 3143: Bedbug infestation - South Carolina ...

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When Can A Landlord Sue A Tenant For Bed Bugs In California?

Posted on July 1, 2020 by pcenet Click Here For Article

It may surprise you to know that a landlord can sue a tenant who brings bedbugs onto the landlords property in California. This applies to both residential and commercial tenants.

Tenants have a legal duty under California law to keep premises they rent clean and sanitary. Breaching this duty is considered negligence.

But even if the tenant breaches this duty, it does not prove that the tenant was responsible for the bedbugs. Bedbug infestations often go undetected. This can make it hard to prove when and how the bedbugs got there.

In order to win a lawsuit against a tenant who causes a bedbug infestation, the landlord must prove:

1. That the defendant was the landlords tenant; 2. That the defendant negligently brought bedbugs onto property owned or controlled by the landlord; 3. That the defendants negligence was a substantial factor in causing the plaintiff harm (causation); and 4. That, as a result, the defendant suffered damages.

Proving causation is the hardest part of a bedbug lawsuit in California. But the landlord only needs to convince a jury (or judge) by a preponderance of the evidence. This legal standard means that it was more likely than not that the tenant caused the infestation.

Ways the landlord might be able to show this include introducing evidence that:

The unit was clean and free of bedbugs when it was rented out.

This might be shown with photos and/or an inspection report from a reputable extermination company.

The tenant did not keep the premises in a clean and sanitary condition.

Again, photos might be helpful as might prior written communications about unsanitary conditions from:

An extermination companys report after an infestation.

A professional bedbug exterminator might be able to shed some light on where an infestation came from.

While not conclusive, when added to other evidence it might show that the tenant did not use reasonable care in preventing bedbugs.

The best prevention against bedbugs is to keep property clean and sanitary. But even this is not foolproof. Bed bugs can be brought onto property in luggage, on new furniture, and even on someones clothing.

Landlords (especially those in highly bedbug infested areas such as Los Angeles) can protect themselves by taking the following steps:

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When Can A Landlord Sue A Tenant For Bed Bugs In California?

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