Bed Bugs, an unseen liability risk!

I received a frantic call from an apartment owner late last Monday that one of his east side Cleveland apartments had bed bugs, and is he liable for the damage they may cause to his tenants.

I said I would look into it, but in the meantime call the exterminator. As I looked for online articles regarding bed bugs, it appeared the Ohio Tenant law does not specifically address bed bugs but states landlords must ensure the premises are in a “fit and habitable condition,” implying no infestations of pests of any kind.

The only Ohio law regarding bed bugs applies to hotels, motels, and single room occupancies. The next morning, I called the client back and left him a voicemail with my findings. Later in the day, he called back and told me it was only a beetle and there were no bed bugs. A much less expensive call to the exterminator and much easier to control.

According to Terminix, Cleveland was 5th in the country in bed bug infestations in 2019! If the owner of an apartment building were to be liable for the damage tenants incurred because of an infestation, liability could be decided on a case-by-case basis determined by the owner’s proactive efforts to control the pests. Potential liability losses could include rent for tenants who cannot reside in their unit, the property losses to the tenant’s property, and any medical expenses that may be incurred.

What can you do to control an infestation?

Control the initial entry into the building. This is difficult because bed bugs attach to so many things besides beds. They can be in boxes, luggage, or other personal belongings. So, it is very difficult to stop their entry into the apartment building.

As a landlord, you must have a game plan to combat an introduction so it does not become an infestation.

1. Collect a sample in a sealed container. A sample will give you or a trained professional a chance to positively identify the bug. (As in our case the landlord did this and discovered it was not bed bugs.)

2. Clean the area right away using sanitizing wipe and vacuums.

3. Spray the area with an approved bed bug killer if live bugs have been seen.

4. Investigate other units to see if the introduction has spread and become an infestation.

A. If no other areas have bed bugs, continue to monitor the area and alert other tenants so they can assist in monitoring, and place passive traps in areas where bed bugs may have been seen.

B. If other units have bed bugs call in a professional pest control company to eradicate the infestation.

As a landlord in Greater Cleveland, you are faced with many liability exposures. So, before you renew any of your policies call the Trusted Choice Insurance Agents at Richey-Barrett.