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Monday, December 14, 2015

WHO HAS TO PAY WHEN RENTERS INFORM THEIR LANDLORDS THEY HAVE BED BUGS IN NJ? 732-309-4209

WHO HAS TO PAY FOR BED BUGS IN A LANDLORD / TENANT SITUATION?   

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Tenant has informed me they have bed bugs, Can someone please inform me as to who has to foot the bill for the exterminator in NJ

Asked by Jerry Barker, Atlantic City, NJ  Thu Sep 29, 2011
Is there any info online that clarifies this responsibility in NJ, like tenant landlord laws?
0 votes  Share    Flag  Rental Basics in New Jersey

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Yes if you can prove it. Your housing inspection must note it when the inspection for c/o was done. But if you have multiple units and it came from another unit you have problems. IF you don;t pay for the treatment you could be sued. Also local health officials will come and treat and then you will be billed anyway. State law does not exempt you from treatment. It is hard to prove you did not have them and then courts will ultimately make the landlord responsible anyway. The is pretty clear on it. This is fairly new legislation just passed this year. Tenants are required to report the problem within a certain time but more so landlords must act within 10 days. check it outhttp://www.sternenvironmental.com/pdfs/NJ-Bed-Bug-Legislation.pdf

This is for multi dwelling units but law will also dictate this to single family units also. Treat or face legal problems and you'll have to treat anyway. That is best answer and action for you to do.

These things spread fast. Best to get rid of them now. Not acting is worse than treating. I think you could make tenant responsible for 2nd and 3rd treatments but from now on make it a yearly inspection and treatment now that you know you have them.

Check out your a local exterminator. These K9's inspections work. They know the rules and law. But not acting will casue more harm . It'll take about 3 days to complete best to lose a few days than a month of rent if they remove themselves for safety reasons.

I wouldn't play too hard with this unless you have verifiable proof there were no bug there prior.
1 vote  Thank  Flag  Link  Thu Sep 29, 2011

Jerry,

Legislation recently introduced in the New Jersey Legislature as Assembly Bill 3203 would force landlords to shoulder the entire financial burden of combating bed bugs by making them solely responsible for conducting annual inspections, distributing and displaying educational material created by the state, immediately treating reported bed bug infestations, and maintaining a bed bug-free environment throughout the apartment building or complex. Similar bills are under consideration in other states.http://knol.google.com/k/landlords-vs-tenants-who-pays-when-…

Larry already linked the pdf file but the link above is to his article. Douglas Stern is located in Secaucus, NJ and is the managing partner of Stern Environmental Group and a bed bug extermination expert. I suggest maybe giving him a call or sending him an email. His phone is 888-887-8376; email info@sternenvironmental.com; website: http://www.sternenvironmental.com.

Hope you find the answers you are looking for and I think we all agree that regardless of who pays for it, bed bugs must be handled properly.
1 vote  Thank  Flag  Link  Thu Sep 29, 2011

Jerry,

Law notwithstanding, I would have the landlord pay to exterminate just to make sure it's done correctly.

Also, if it's in a condo development, the condo association should be notified and perhapes they will foot the bill. The last thing a condo development needs is these nasty critters to spread from unit to unit if just one is treated..
0 votes  Thank  Flag  Link  Thu Sep 29, 2011

Diane, I have heard that as well that tenants are responsible if you can prove that the place didnt have bed bugs beforehand. But I cant seem to find that in writing anywhere :(
0 votes  Thank  Flag  Link  Thu Sep 29, 2011

I would try to get the tenant to pay for it, or work out a deal with the tenant, but ultimately it is in the owners best interest to see that they are eliminated. If that means paying for it and keeping the tenant, the owner will be better off than missing one months rent. Also the owner needs to think ahead when it is time to re-rent. Pest extermination should be spelled out in the lease as to who pays what.
0 votes  Thank  Flag  Link  Thu Sep 29, 2011

Call Humphreys you got bugs! Just being funny.
NJ Law says the owner 1-2 family laws is a bit different as I understand it and municipalities can supersede NJ Law.
With that said in the matter of 1-2 or 250 units I believe you can provision in your leases that you can charge the tenant for the cost of treatment. But ultimately the landlord must pay to rid them and then you have the problem pest companies will not guarantee they wont come back. They are hard to get rid of. Nothing to do with cleanliness either. Most of the time they are brought in by the tenants themselves but innocently they can spread fast from other units so best to treat all units at same time Takes 3 days from what I am told.

But Public law and health issues fall on the landlord to provide rental premises free from pests. Free of health issues...


Larry Sarlo
RE/MAX Preferred
609-868-1171

http://www.LarrySarlo.com
0 votes  Thank  Flag  Link  Thu Sep 29, 2011

My understanding is that if the landlord can prove that they were not in the rental prior to the tenant taking posession, then the tenant pays. There are services that offer bed bug dogs that will give a landlord a clear report in between tenants. Otherwise, it is probably handled like any other pest in NJ and the landlord is responsible for keeping bugs out.




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