Questions and Answers for Tenants About Bedbugs | Iowa …

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Once thought to be largely eliminated in the United States, bedbugs have again become a problem for tenants, homeowners, hotels and even retail stores. Bedbugs easily travel from one location to another and spread rapidly in connected living spaces such as apartment buildings. Often by the time that an individual has discovered visible evidence of bedbugs, the infestation has become widespread.

It is a common myth that bedbug infestations arise from unsanitary living conditions. While excess clutter can provide bedbugs with more opportunities to hide, bedbugs can be found almost anywhere. Pricey New York City hotels and condos have spent thousands of dollars battling bedbugs, and clothing retailer Abercrombie and Fitch was forced to temporarily close two stores in 2010 due to bedbugs. The following are some common questions and answers about dealing with bedbugs.

From the Environmental Protection Agency

Bedbugs feed on your blood and cause itchy bites. Adult bed bugs are brown, 1/4 to 3/8 inches long, and have a flat, oval-shaped body. Young bed bugs (called nymphs) are smaller and lighter in color.

Bedbugs hide in a variety of places around the bed. They might also hide in other places, such as in the seams of chairs and couches, between cushions, and in the folds of curtains. They come out to feed on blood about every five to ten days. But they can survive over a year without feeding.

To prevent bedbugs in your home:

To get rid of bedbugs:

The good news? Unlike some other pests, bedbugs dont transmit and spread diseases.

What are some of the signs that I may have bedbugs?

I think I may have bedbugs. What should I do?

Some leases require tenants to notify the landlord if there are bedbugs. Even if your lease does not require notice, you should contact your landlord immediately to let him or her know. Early treatment may prevent bedbugs from spreading to other units and infesting your belongings.

Send a written notice to your landlord that you believe that your unit may have bedbugs and keep a copy of this notice for yourself.

Cooperate with extermination efforts by your landlord. Early action may prevent you from losing personal belongings to bedbugs.

Because bedbugs spread rapidly, it is difficult to prove that one person or one unit is the source of a bedbug infestation. In most cases your landlord should be held responsible for the costs of eliminating bedbugs. Tenants are only responsible for damage they cause deliberately (on purpose) or negligently (not taking reasonable care).

You can also contact your citys housing inspector. If the problem is extensive, the city may intervene and force your landlord to take steps to eliminate the bedbugs.

My landlord wont do anything. Is there anything else I can do?

Iowa law lets a tenant end the rental agreement if 1) there is a material noncompliance with the rental agreement or 2) there is a noncompliance with the landlords duty to maintain the unit and it materially affects health and safety. If you can show one of these, you can give a notice to the landlord. The notice gives the landlord 7 days to fix the problem. The notice also needs to say when the rental agreement will end if the landlord does not fix the problem within 7 days. If the landlord does not do enough to fix the problem within 7 days, the rental agreement ends on the date stated in the notice. Do not serve your landlord with a 7 day notice if you are not prepared to move if the problem isnt treated within 7 days.

CAUTION!The landlord may disagree with you about whether the landlord fixed the problem. If the landlord disagrees, the landlord may sue you for any rent that you may owe through the end of your lease. The judge would look at the landlords actions and your actions in deciding what to do. It will be important for you to keep copies of all papers and write down what happened on what dates. It is hard to say what a judge will do about bedbugs or how much a tenant will have to show to prove a bedbug problem.

Get rid of the bedbugs before you move!

If I have bedbugs can I stop paying my rent?

No. In Iowa, there are very few circumstances where a tenant may stop paying rent. It is likely that if a tenant fails to pay rent based on a bedbug infestation, a landlord will pursue eviction proceedings against the tenant for nonpayment of rent. A court is likely to evict an individual who stops paying rent, even if they have a bedbug issue.

Is there anything I should know before signing a new lease?

Read the lease carefully for any terms that discuss bedbugs. Some landlords have added language to leases shifting all responsibility for bedbugs to the tenant or simply stating that they are not liable for any loss of personal property due to bedbugs. It is unclear as to whether these provisions would be enforceable.

Some cities have passed ordinances requiring a landlord to disclose bedbug outbreaks to prospective tenants. However, this requirement is not common and you should ask the landlord and other tenants in the area about known bedbug outbreaks on the property prior to signing a new lease.

Where can I find details or get help?

For more information on treatments and prevention, visit the following websites: http://www.epa.gov/pesticides/bedbugs/ or http://www.ca.uky.edu/entomology/entfacts/ef636.asp

Providing assistance for legal issues involving the basic need of housing is a priority for Iowa Legal Aid. If you are having problems with a bed bug situation, contact Iowa Legal Aid.

*As you read this information, remember this article is not a substitute for legal advice.

Last review 11/29/12

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