June 19th, 2017 at 10:13 am

Starting July 1, 2017, a new Bed Bug Infestation law will require a residential landlord to provide a prospective tenant with a Bed Bug Disclosure, which includes certain educational information about bed bugs and instructions for reporting an infestation to the landlord. To comply with the new law, C.A.R. will release a new standard-form BBD with its Forms Release on June 26, 2017.

The California legislature enacted the new Bed Bug Infestation law to address the unique challenge of controlling bed bugs due to their significant resistance to insecticides. The new disclosure requirement shall be expanded on January 1, 2018 to apply not only to new tenants, but also all existing tenants.

Also under the new law, as of January 1, 2017, a landlord is prohibited from showing, renting, or leasing a vacant dwelling unit that the landlord knows to have a current bed bug infestation. A landlord, however, has no duty to inspect for bed bugs, absent notice of a suspected or actual infestation. An infestation that is evident upon visual inspection shall be considered to be “notice” to the landlord. Additionally under the new law, if a pest control operator inspects for bed bugs, the landlord must give the tenant a written notice of the findings within 2 business days.

Next Week’s Legal Tip will be a summary of C.A.R.’s other new and newly revised standard forms to be released on June 26, 2017. The information is currently available on C.A.R.’s June 2017 Forms Release webpage at http://www.car.org/zipform/standard-forms/summary-forms-releases-chart/june2017formsrelease/.

Copyright© 2017 Berkshire Hathaway HomeServices California Properties (BHHSCP). All rights reserved. Any unauthorized reproduction or use of this material is strictly prohibited. This information is believed to be accurate as of June 19, 2017. It is not intended as a substitute for legal advice in individual situations, and is not intended to nor does it create a standard of care for real estate professionals.

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