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Bed Bugs in New Hampshire & The Law
Bed Bug Law HB 482, effective January 1, 2014. Summary: HB 482 will be effective Jan. 1, 2014. It clarifies landlord and tenant responsibilities during a bed bug infestation in rental property.
After report in tenants unit: Once a landlord becomes aware of a bed bug complaint in a tenants unit, he/she is allowed emergency entry into that unit for the next 72 hours . After report in adjacent unit: If there is a bed bug complaint from an adjacent unit, a landlord is allowed emergency entry into tenants unit. The landlord must give the tenant 48 hours notice. It is a violation for a tenant to willfully refuse emergency entry (contempt and contempt damages).
A landlord must provide the tenant with reasonable written instructions for preparing the unit for remediation. These instructions must be given to an adult 72 hours in advance of remediation. It is a violation for tenants to willfully refuse to comply with these instructions. Landlords can evict for failure of tenant to prepare the unit with advance reasonable written notice. However, landlords must allow for reasonable accommodation requests related to preparing the unit.
Landlords are required to pay up-front for all bed bug remediation costs. Landlords may recover costs for remediation in the tenants unit only, and only if tenant is considered responsible for the infestation. The tenant is presumed to be responsible if only his/her unit has bed bugs and there have no other bed bug reports in the unit or adjacent units in previous six (6) months. Landlords can evict responsible tenants for nonpayment, provided the landlord shows that he/she offered tenant a reasonable repayment agreement.
HUD Notice 2012-5 & EPA/CDC Joint Statement on Bed Bug Control:
Apply for free help: Online or call 224-3333 or 1-800-639-5290
None of these 540-A violations directly result in statutory money damages, but contempt and contempt damages still a possibility.
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Bed Bugs in NH | New Hampshire Legal Aid
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