Getting rid of bedbugs: Is landlord or tenant responsible?

Getting rid of bedbugs: Is landlord or tenant responsible?

The rules can vary from state to state and even county to county but in Virginia they are pretty consistent. They go by the Virginia Landlord Tenant Act. I was unable to find specific rules for Roanoke but Arlington County, Alexandria, Fairfax County, Fairfax, Falls Church, Loudoun County and Prince Williams County are all the same. They all follow Virginia Code. This is why I'm having a hard time understanding why Legal Aid sued the landlord in the post below. Is Roanoke going against the Virginia Landlord Tenant Act? Robert Akerson Jr. lost the case. And if they are going against what our politicians thought would be fair, why are they doing this?

Here are the guidelines for the counties listed above.

The tenants are responsible for exterminating infestations in apartments. And that includes all infestations such as bed bugs, roaches, ants, stink bugs, etc. The responsibilities for infested single-family rentals and leased condos depend on how many rentals the landlord owns.

Here is info on Arlington which is the same across all of the above listed counties who follow Virginia code.

By Josh Korr

October 21, 2010 - 12:14 pm

TBD

Getting rid of bedbugs in a single-family rental

The responsibility for exterminating an insect infestation in a single-family rental (including townhouses) depends on how many rentals the landlord owns:

• If the landlord owns and rents out five or more condos and/or single-family homes, the tenant is responsible for extermination.

• If the landlord owns and rents out four or fewer condos and/or single-family homes, the lease defines who is responsible for extermination. (If you face this scenario and the lease does not define extermination responsibilities, call one of the numbers below.)

If you're renting a duplex, best to call one of the numbers below, as the responsibilities for duplex extermination depend on things like whether the homes share common areas and/or "facilities" like heat and hot water.

Getting rid of bedbugs in an apartment

Tenants are responsible for exterminating insect infestations in their unit. However, Arlington County housing inspector Jorge Laura advises landlords to deal with extermination quickly and worry later about who ultimately pays.

Landlords are responsible for keeping common areas in a "clean and structurally safe condition," but the law does not specify whether this includes exterminating insect infestations.

If you rent or manage affordable-housing units and have an infestation, call the Housing Outreach Program.

Condo building

The responsibility for exterminating an insect infestation in a leased condo depends on how many rentals the landlord owns:

• If the landlord owns and rents out five or more condos and/or single-family homes, the tenant is responsible for extermination.

• If the landlord owns and rents out four or fewer condos and/or single-family homes, the lease defines who is responsible for extermination. (If you face this scenario and the lease does not define extermination responsibilities, call one of the numbers below.)

The building owner (usually the condo association) is responsible for keeping common areas in a "clean and structurally safe condition," but the law does not specify whether this includes exterminating insect infestations.

Whom to call

• Arlington County Housing Information Center, 703-228-3765
• Jorge Laura, Housing Outreach Program Coordinator and housing inspector, 703-228-3827

Citations

Arlington County's landlord-tenant responsibilities for insect infestations are detailed primarily in the Virginia Residential Landlord Tenant Act:

55-248.13. Landlord to maintain fit premises
A. The landlord shall:
1. Comply with the requirements of applicable building and housing codes materially affecting health and safety;
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;
3. Keep all common areas shared by two or more dwelling units of the premises in a clean and structurally safe condition. ...

55-248.16. Tenant to maintain dwelling unit
A. In addition to the provisions of the rental agreement, the tenant shall:
1. Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
2. Keep that part of the dwelling unit and the part of the premises that he occupies and uses as clean and safe as the condition of the premises permit;
3. Keep that part of the dwelling unit and the part of the premises that he occupies free from insects and pests, as those terms are defined in § 3.2-3900, and to promptly notify the landlord of the existence of any insects or pests

The Residential Landlord Tenant Act applies to "all rental agreements" in the state since July 1974, with some exceptions. The relevant exceptions regarding rentals in Arlington -- that is, the act does not apply in these cases -- are detailed in Section 55-248.5, in the second clause of this subsection (Arlington has a county manager plan of government):

10. Occupancy in single-family residences where the owner(s) are natural persons or their estates who own in their own name no more than ten single-family residences subject to a rental agreement; or in the case of condominium units or single-family residences located in any city or in any county having either the urban county executive form or county manager plan of government, no more than four.

The Tenant-Landlord Rights and Responsibilities page on the county website explains what happens if the VRLTA does not apply to a given rental: "For landlords renting 4 units or less, VRLTA does not apply and it is the lease that is most important."