Bed Bugs in Rental Housing | VALegalAid

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Virginia law does not specifically mention bed bugs. The law does not explicitly say whether landlords or tenants are responsible for getting rid of bed bugs. Virginia law does require all landlords to follow building and housing codes affecting health and safety, and to make all repairs needed to keep the place fit and habitable. Because bed bugs make rental housing not habitable, this means landlords are responsible for getting rid of bed bugs.

Under the Virginia Residential Landlord Tenant Act (VRLTA), tenants must keep their rental units free from insects and pests. They also must promptly notify the landlord of the existence of any insects or pests. Notification of the landlord makes no sense unless the landlord also is responsible for getting rid of insects and pests, including bed bugs. If a tenant does not promptly report insects and pests, including bed bugs, the tenant could be responsible for the added cost of treatment due to the tenants delay in reporting.

Tenants covered by the VRLTA must promptly report insects and pests. Tenants not covered by the VRLTA should promptly report insects and pests. Tenants are covered by the VRLTA if they live in an apartment building or in multi-family housing. Multi-family housing means sharing heating, hot water, entry and exit, or some other service with another dwelling unit in the same building. Tenants also are covered if their landlord rents out more than ten single-family homes. In cities and in urban counties, tenants are covered if their landlord rents out more than four single-family homes.

A March 15, 2011 memo from the U.S. Department of Housing and Urban Development (HUD) suggests that responsibility for bed bug treatment lies with the landlord. Highlights of the March 15, 2011 memo include the following:

Bed bugs are excellent hitchhikers and can be transported to your home from literally any place and by anyone that has been in contact with the pest.

Bed bugs can be introduced to a property by simply hitchhiking on the clothing or belongings of residents or visitors.

Bed bugs could be introduced to a property by the landlord, landlords employees, maintenance personnel, contractors, vendors, government representatives, or anyone who has or had access to a property.

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Bed Bugs in Rental Housing | VALegalAid

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