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Spanish Yes, you can sue your landlord for bed bugs in the building if the infestation affected you. A bed bugs attorney in California can help.
Suing Your Landlord for Bed Bugs in California
There are several laws in California that may allow you to sue for a bed bug infestation. First, you should know that all tenants have rights in California.
According to the California AOG, landlords are required to keep their units safe and well-maintained. They must also keep them free from vermin like cockroaches, rats, and bed bugs, per CIV § 1941.1. This is true even if you moved in knowing that the unit was not meeting the required standard. If it does not meet standards, the landlord must remedy the issue.
A failure to do so could deem your apartment uninhabitable and allow you to sue.
Your Landlord Must Provide You With Information About Bed Bugs
Per CIV 1954.603, all landlords must provide both new and existing tenants with specific information about bed bugs. Landlords must provide literature, in 10 pt font or larger, that details the following:
- What a bed bug looks like at every stage of its lifecycle
- Signs that indicate a bed bug infestation
- How long a bed bug can live
- How often a bed bug needs to feed
- The basics of a bed bug’s reproduction
- A bed bug’s life cycle
- How you report an infestation to your landlord
Landlords Cannot Show or Rent a Dwelling With a Known Infestation
Per CIV 1954.602, landlords are prohibited from showing, renting, or leasing a vacant dwelling with a “visible” bed bug infestation.
It is important to note that the statute states that this does not mean that landlords must inspect the dwelling prior to showing or leasing the unit if they have no notice of an infestation.
Landlords Must Inform Tenants of the Results of a Pest Control Inspection
A landlord must notify all affected residents of the results of a pest control inspection, per CIV 1954.605. They must provide this notice in writing within two business days. If the infestation affects a public area of the building, the landlord must notify every resident of the building.
Landlords Cannot Retaliate Against Tenants for Complaining About Bed Bugs
CIV 1942.5 states that tenants should be able to report bed bug infestations to their landlords without the threat of retaliation. A landlord cannot increase the rent, decrease services, or evict a tenant within 180 days of a complaint.
How to Prove Your Landlord Knew About the Infestation
You must be able to establish that your landlord knew about and ignored the bed bug infestation.
Our team can help you find prior complaints (from you or other tenants) that establish that your landlord knew and failed to take the necessary steps to manage the infestation.
You can also sue your landlord for retaliation if they raised your rent or evicted you after you complained about an active infestation.
Establishing an Infestation
While our lawyers will handle the legal aspects of your case, there are several things you can do to protect your right to compensation:
- Take photos and videos of any visible bed bugs, signs of bed bug infestation (e.g., red or brown spots on your sheets), and any bites on your body.
- Keep any receipts of efforts you took to mitigate the bed bug infestation.
- Take screenshots of any text message conversations with your landlord about the infestation. As California is a two-party consent state, you cannot record phone conversations with your landlord, so we recommend you take notes of any conversations you have with them. Also, be sure to save any voicemail messages your landlord left about your complaint.
- If you filed a formal complaint about the bed bugs, keep a copy of it for your records.
What Your Bed Bug Lawsuit May Be Based On
If you’re dealing with a bed bug infestation in your rental, there are several legal claims you may be able to pursue against your landlord. One of the most common is a breach of the implied warranty of habitability. By law, your landlord is required to keep your home safe and livable—and bed bugs often violate that standard.
You may also have grounds for a negligence claim if your landlord failed to take reasonable steps to prevent or eliminate the infestation. For example, ignoring your complaints or delaying professional pest control could be considered negligence.
If your lease specifically mentions pest control responsibilities and your landlord hasn’t followed through, you might have a valid breach of contract claim.
What Can You Recover in a Bed Bug Infestation Lawsuit?
Damages you may be able to recover if you sue your landlord for a bed bug infestation include:
- Cost of replacing personal property, e.g., furniture, mattresses, clothing, luggage, bedding, and other contaminated items
- Professional pest control expenses if you paid for extermination services yourself
- Medical bills and treatment costs for bites, allergic reactions, infections, or related health issues
- Lost wages if the infestation caused you to miss work or lose income
- Temporary housing or relocation costs, e.g., hotel stays, short-term rentals, or moving expenses if you had to vacate
- Rent abatement or refund, i.e., a partial or full refund of rent paid during the time the unit was uninhabitable
- Pain and suffering, e.g., compensation for anxiety, stress, sleep loss, and emotional distress
Get Help Suing Your Landlord for Bed Bugs
Dealing with a bed bug infestation can be stressful, costly, and overwhelming, but you don’t have to face it alone. If your landlord has failed to take action, you may have legal options to hold them accountable and recover compensation for your losses. We can also help you sue a hotel if you experienced an infestation in a California hotel. Our experienced legal team is here to help you understand your rights and fight for the justice you deserve.
Call KJT Law Group today for a free consultation, and let us help you take the next steps toward protecting your health, your home, and your peace of mind.