****Updated January 21, 2020****
Today RPOA Michigan reported that Grand Rapids, Michigan 18th on the List of Top 50 Bed Bug Cities.
This is not a good list to be on. Every year for the last few years, I’ve reported on legislation introduced to address the allocation of responsibility for bed bug and other infestations between landlords and tenants. The latest version is HB 4777 introduced on June 26, 2019, once again by Rep. Brandt Iden.
This bill has made no movement…
Today is Halloween so I thought would write on a topic that gives me the creeps…. bed bugs.
Courtesy BedBugs.org
Infestations can be an issue that every property manager or owner of residential investment real estate may face.
One June 9th Michigan House Bill 4719 was introduced – by Representative Brandt Iden -himself a Developer and Property Manager in South West Michigan. check out the text here – the Bill would amend the Michigan statute governing landlord tenant relationships to include addressing the control of certain pests – including bed bugs.
Recent Update
There has been no noticeable progress, except that the House Fiscal Agency prepared its legislative analysis a few weeks back – you can check it out here
What the Bill seeks to do:
Impose certain duties on landlords regarding bed bugs:
1. Mandates specifically that the Landlord is to keep the rental space free from bed bugs and provide educational literature about bed bug infestations to new tenants.
2. Prohibits Landlords from renting out space that the landlord knows is infested with bedbugs
3. Provides specific requirements for a landlord to respond to a complaint of bed bugs:
- within 7 days of receiving a complaint, Landlord shall order an inspection for bed bugs;
- within 7 days of confirming infestation, Landlord shall begin control and schedule inspections of adjoining rental units.
4. Limits damages against Landlord for infestations unless caused by Landlord’s Negligence.
Impose certain duties on tenants regarding bed bugs:
1. Tenant shall inspect for bed bugs when first occupying the space;
2. Tenant shall not move “infested property” into a rental unit
3. Tenant shall notify Landlord within 2 days of notice of infestation.
4. Tenant responsible for damages due to bed bugs caused by Tenant, or guest.
The bill was referred to the Committee on Law and Justice.
Something that the legislative analysis highlights –
“Notwithstanding any other provision of the Landlord-Tenant Act, the landlord and tenant could agree in writing (by hard copy) or electronic mail how responsibility would be assigned for costs resulting from an infestation, including, but not limited to, costs of
control or treatment.”
This would provide some discretion among the parties to craft a resolution.
My thoughts:
Bedbug infestation is a problem. It can cause tenants problems, particularly in lower income housing. As reference, I would highly recommend reading Matthew Desmond’s book “Evicted” It is no secret that Michigan, particularly Kent County, is experiencing an Affordable Housing Crisis. Further, unhappy tenants who withhold rent can cause landlord problems that end up in court.
This type of bill could provide clarity to landlords and tenants on their reciprocal duties and rights in such circumstances. It could also provide them flexibility to come up with a resolution to get rid of any infestations.
Questions? Comments?
email: Jeshua@dwlawpc.com
Twitter: @JeshuaTLauka
Purpose Driven General Counsel 
Tenants usually bring bed bugs with their furniture why make the landlord responsible?