North Carolina’s misguided Landlord/Tenant Bed bug Liability …

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The North Carolina Senate will be considering a bill in 2012 that would have a huge impact on how landlords and tenants deal with bed bugs and who pays for treatment in the state.

H721, also known as the Landlord/Tenant/Bedbug Liability bill, passed in the North Carolina House in June. I have some concerns about its provisions.

The bill would prohibit landlords from renting a unit known to be infested by bed bugs. However, if the landlord gets an inspection from a licensed inspector, prior to leasing the unit, with a written report stating no bed bug evidence was found, then the landlord wont be liable if a problem is discovered later.

If the landlord does not get an inspection before renting the unit, and then a tenant complains bed bugs are present within 60 days of renting the unit, the landlord must hire someone to treat within five days of this complaint. All neighboring units must also be inspected.

Landlords must also provide educational materials about bed bugs to new tenants.

The bill also requires tenants to refrain from knowingly introducing bed bugs to the unit, stating: tenants shall not knowingly or recklessly introduce onto the premises any person or thing infested with bedbugs.

Tenants must notify landlords in writing within five days of suspecting they may have bed bugs.

If the landlord got an inspection before the tenant moved in, or if more than sixty days have passed since the tenant moved in, the tenant must pay all costs of bed bug treatment hiring a firm within seven days.

This tenant would also need to cover any fees charged by the licensee [PCO] and any damages associated with the presence and elimination of bedbugs from the premises and any attached units and spaces.

[Emphasis added.]

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North Carolina’s misguided Landlord/Tenant Bed bug Liability ...

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