Establishing Responsibility

• Establishing the responsibility for bed bug infestations is tricky. Severe infestations require the disposal of furniture. Most states require that the tenant prove she did not cause the infestation and that the landlord failed to act or did not disclose information about the infestation. Severe infestations -- those obviously stemming from property neglect -- might warrant a monetary award to the tenant. However, awards occur after the fact.
  
  

Warranty of Habitability

• Most states enforce an implied warranty of habitability. The warranty implies that landlords are required to provide a safe dwelling free of vermin, such as rats and insect infestations. As a result, a landlord might have several options to eradicate the insects, but the options might not include replacing a tenant's furniture. Typically, state law requires that landlord's and tenants take the steps required to limit and exterminate infestations. State laws typically hold landlords responsible for some action, such as professional extermination, based on the implied warranty of habitability. However, the party responsible for paying the costs depends on the landlord's rental policies. For example, a landlord who admits the presence of insects because of a previous tenant might request that current tenants pay for the extermination and submit an invoice.
  
  

Professional Treatment

• State regulations require that landlords provide a habitable unit. In the case of bed bugs, the landlord might be required to hire professional exterminators. Professional extermination requires the use of pesticides. Furthermore, it may require several treatments. Tenants must participate by placing clothing, toys, soft accessories and furniture into plastic bags. If the tenant can prove the infestation existed prior to moving in or was brought on by a landlord's negligence, the landlord is responsible for eradicating the insects. Many states also enforce a "repair and deduct" law. This allows a tenant to deduct eradication costs from his monthly rental payment as long as the situation is thoroughly documented.
  
  

Private Cause of Action

• If a tenant has overwhelming proof that the infestation was caused by negligence on behalf of the landlord, she can file a complaint with the appropriate court. Documentation, such as the retail price of the furniture, extermination costs and letters informing the landlord, help support a civil claim. However, the court might not award the tenant replacement costs if she cannot prove the landlord was responsible.