Renting and the Law: Can renter be charged for bedbug removal?

Q: I live in a Section 42 housing apartment in Ramsey County and have recently had bedbugs in my apartment. The landlord is now charging me for the heat treatment used to get rid of the bugs. I have never had bedbugs before or had to deal with this type of situation before. I am wondering if this is legal. Should I seek counsel for this issue?

A: In Minnesota, landlords are most often responsible for the removal of bedbugs since Minnesota law states landlords are responsible for maintenance unless the problem was caused by the willful, malicious or irresponsible conduct of the tenant or a person visiting the tenant. If you or your visitors did not bring the bedbugs into your apartment, then you are not responsible for their removal.

Bedbugs should be treated like any other maintenance problem, where the cost of repairing the problem falls on the landlord, unless the tenant caused the problem. In your case, because you live in Section 42 housing, those specific laws pertaining to your rental apartment were also reviewed. Section 42 housing allows property owners to claim an annual tax credit when they set aside a certain number of units in an apartment building for low-income renters. The law pertaining to Section 42 housing also confirms that the removal of bedbugs is your landlord's responsibility since it states your landlord must follow local health, safety and building codes and standards.

You should let your landlord know that Minnesota law requires the landlord or owner to cover the cost of the heat treatment to remove bedbugs in your unit. If your landlord still demands that you cover the bill for heat treatment, then, because you live in Ramsey County, you should contact Southern Minnesota Regional Legal Services (SMRLS) at 877-696-6529 for assistance with this matter.

Kelly Klein is a Minneapolis attorney. Participation in this column does not create an attorney/client relationship with Klein. Do not rely on advice in this column for legal opinions. Consult an attorney regarding your particular issues. E-mail renting questions to kklein@kleinpa.com. Information provided by readers is not confidential.