A complete article, all the answers to your questions.
Who pays the bill? in case of infestation ? It is good to know what the law and case law say to know tenant rights , and how to take action facing a pest infestation in the accommodation. Finally it will be necessary pay the fees of insect treatment. Who is responsible , the trustee, the owner, the lessor, the tenant? Here the laws in force, and the addresses to find help and to know where to find help in the event of a conflict . A good file can oblige the trustee or the owner to make a pest control intervention apartments and common areas by a specialized company . Also, a tenant who does not maintain his accommodation cannot oppose the obligation of intervention by a professional for treat your infested apartment . If you report an infestation in your apartment, be careful not to be accused of being responsible for the origin of this infestation of parasites throughout the building and to have the financial responsibility for it . The legislation is not the same if it is a hotel room which is contaminated, You need to know your rights . If bedbugs, cockroaches or roaches are At your workplace , do you have a right of withdrawal or can you demand telework ?
Cases of contamination are numerous, particular and varied. The legal issues which result from it are also. The The cost of treatment can represent a very high budget. You have to be knowledgeable For effectively defend their rights and obtain maximum benefit compensation where possible. You will find the answers to these questions in this article which applies to all infestations of harmful : bedbugs, cockroaches, rodents (mice, rats), fleas.
Summary
- The apartment is infested, what are my rights?
- What the law says
- Obligations for the lessor
- Obligations for the tenant
- The most commonly applied court decision
- Identifying and Recognizing Bed Bugs
- Are you sure they are bed bugs?
- Two Methods to Detect Bed Bugs
- Declaration of infestation
- 3 models of infestation declarations to download
- Disputes between owners, lessors and tenants
- The simplest case
- The most complicated case
- How to talk to your neighbors about bedbugs?
- How to do a first treatment?
- Is the person you are talking to sincere?
- Bedbugs in a public place, what are my rights?
- The hotel room is infested, what are my rights?
- How to get a free amicable settlement
- My workplace is infested, what are my rights?
- The cinema is infested, what are my rights?
The rented apartment is infested, what are my rights?
What the law says
These texts are the basic rules that govern the relationship between tenants and landlords.
Obligations for the lessor
Law No. 89-462 of July 6, 1989 Article 6 (extracts)
The lessor is required :
- To provide the tenant with decent accommodation that does not leave appear to be clear risks that could harm the physical security or to health , free from any infestation of harmful and parasitic species.
- To maintain the accommodation in a decent condition throughout the lease. He is responsible towards the tenant for all defects or faults in the leased item which prevent its use, even if the lessor was not aware of them at the time of the lease.
- If any loss results from these defects or faults for the lessee, the lessor is required to compensate him . (Article 1721 )
Obligations for the tenant
Law No. 89-462 of July 6, 1989 Article 7 (extracts)
The tenant is required:
- To use the accommodation peacefully rented according to the destination given to them by the rental contract.
- Of respond to damage and losses which occur during the term of the contract in the accommodation of which he has exclusive use.
- To take charge of the day-to-day maintenance of the accommodation .
- Of allow access to the rented premises for the preparation and execution of work to improve the common areas or private areas of the same building, work necessary for maintaining the condition or normal upkeep of the rented premises.
- To immediately inform the lessor in the event of a bedbug infestation (or any other pest).
The most commonly applied court decision
As a general rule and if the declaration of the infestation has been made correctly, case law generally attributes liability to the lessor based on the law of July 6, 1989 (Aix-en-Provence Court of Appeal, Chamber 1-8, September 6, 2023, 21/18072).
If the infestation is in the common areas or in several apartments of a co-ownership, it is the responsibility of the co-owners' union. which will be retained.
In this case, it will be up to the lessor or the trustee to carry out treatment at their expense .
Identifying and Recognizing Bed Bugs
Before making your declaration bed bug infestation, you must be sure that they are indeed bedbugs . Other causes can cause a rash and bumps that look like bedbug bites.
- Other insects , fleas, spiders, mites, mosquitoes.
- A food poisoning , expired treats (I've experienced this).
- Some diseases , chickenpox, measles, rubella, rheumatoid purpura.
- A allergic reaction that can occur suddenly, nuts, red fruits, kiwis, bananas, pineapples, dairy products, fish, shellfish, eggs, cosmetic products, medications, presence of an animal.
Are you sure they are bed bugs?
Adult bedbugs measure between 5 and 7 millimeters, they cannot fly or jump. They crawl and climb everywhere in all positions, on the walls, on the ceiling. If they are disturbed, they flee to dark corners like cockroaches.
The easiest way to be sure is to see adult bedbugs, molts, droppings. But it is not always easy. Bedbugs go through different stages in their development, from the translucent pear-shaped egg of one to one and a half millimeters, to the juvenile which is small and very light, then to the brown adult of 5 to 7 millimeters. They live hidden in dark corners where they lay eggs and digest. They rarely come out, just to have a blood meal. Despite the implementation of a careful inspection , especially of the bedding, we may find ourselves faced with a absence of proof , and that no trace is discovered.
Two Methods to Detect Bed Bugs
- Canine detection is effective if the dog is well trained, and if there have been no insecticide sprays in the previous 15 days. The disadvantage is probably the price of the visit, 200 to 250 € .
- The forensic science method. Bed bugs leave behind traces of blood, and they leave droppings consisting mainly of blood. With the same product than that used by the scientific police, we can see the blood traces which they left behind during their passages, and which are invisible to the naked eye . In 5 minutes , and for 24.90 € , you will know if there are bedbugs at your place. We should also test the future apartment before signing a lease.
Declaration of infestation
This is an emergency, and it is a very important document.
It is necessary to write, as soon as possible , a declaration of your observation of the infestation to the lessor or the trustee (or both) with formal notice to process for compliance of the rented property subject to lease No. ***.
You will send this formal notice by registered mail with acknowledgment of receipt to your landlord if you are a tenant, to the trustee if you own your apartment or if several apartments are affected. If the situation becomes complicated , you can also send a copy of this letter to: the Regional Health Agency (ARS) of your department.
This letter will be the basis for all discussions or procedures. Describe the situation precisely, indicate that you have never had a bedbug problem, indicate the dates when the first bites appeared, their frequency, in which rooms, what traces of their presence. It is very important that the owner, lessor or trustee cannot accuse you of being responsible for this infestation , of being the one who introduced the bedbugs into the condominium. If the lessor implies that it is the tenant who is responsible for the infestation, he will have to prove it .
Especially if you have just moved in, you will need to prove that the accommodation was contaminated before your arrival, and that the problem was already known in the building. Testimony from other tenants of the building, or of the former tenant, can be decisive.
3 models of infestation declarations to download
I offer you these declaration models to download. As the cases are very varied, these models are not to be taken as they are, you will have to adapt them to your situation.
- Bedbugs, you have just moved in, your accommodation is infested, individual declaration to the lessor. Download
- Bedbugs, several dwellings and common areas are infested, group declaration of tenants or co-owners to the trustee. Download
- Cockroaches and beetles, group declaration of tenants or co-owners to the trustee. Download
Disputes between owners, lessors and tenants
As it is virtually impossible to define with certainty the origin of an infestation , so it is easy to contest liability of either.
The simplest case
When The infestation affects several homes and the common areas, It is the responsibility of the trustee that is engaged . The most effective is to send him a joint declaration, signed by all the complainants, to inform him of this infestation.
The most complicated case
If it is only your accommodation which is infested , the risk is great of being accused of introducing the pests in the building, and to be held responsible for it Responsible . The tenant will be held responsible for a bedbug infestation that begins well after his move-in, unless he can demonstrate that the building is infested and that the contamination is therefore not his fault. Similarly, If you just moved in , and you didn't have bed bugs before, they may be the mover's blankets that were contaminated . We immediately understand the possible arguments for the lessor , and we suspect that the situation could quickly become complicated. If you discover an infestation in your accommodation, I recommend that you find out for find out if other homes are affected in the building. In this case, you can send a declaration to the lessor to notify him that he has rented to you, in full knowledge, a residential apartment that does not meet standards. You can also send the trustee a second joint declaration with the other tenants of the building. This second declaration will prove that the problem was known in the building before you move in. If you do not find any other evidence of infestation in the other apartments, I recommend that you do not make a declaration, and that you treat the disinfection of your apartment yourself. You will have to take all precautions not to spread the insects throughout the rest of the building. I explain how in this article .
How to talk to your neighbors about bedbugs?
Of course, it's not obvious to reveal to your neighbors that you are infested with bedbugs, cockroaches or fleas. To do this, you can print the poster below. You will be able to place it anonymously in the elevator or near mailboxes. This will be enough to create emulation and trigger discussions . Your strength will be to make a declaration of group infestation.
How to do a first treatment?
Bedbug treatment kit for a 20 m² room
In any case, for your protection, and to avoid the proliferation of pests , and without waiting for the trustee's response or the lessor, which may take several months , I recommend you read the article on my blog " How to Get Rid of Bed Bugs Without Getting Poisoned ". You will find a lot of information there. to take the first steps against these pests , and avoid that the situation does not get worse . You will also find all my recommendations And the products I have selected For carry out an effective treatment yourself . Similarly, you will find in my blog, articles for the treatment of cockroaches, fleas, moths and other pests.
Is the person you are talking to sincere?
In all the situations I describe, it is important to distinguish between sincere interlocutors and those who are not.
An infestation of bedbugs can occur at any time , and often without anyone knowing its origin. Any trustee, owner, hotelier, manager of a performance hall can be affected. This can happen in the cleanest places and the best maintained, it is not necessarily poor hygiene . They may not have been aware of this infestation until you reported it. It is obvious that it is in everyone's interest to eradicate the pests. as soon as possible so as to avoid this becoming uncontrollable . Your infestation report should be promptly followed by positive and concrete effects.
If this is not the case, if the problem was clearly known to the service provider who sold you a ticket to a show or rented you a property that they knew was contaminated, then you are dealing with a dishonest interlocutor. In this case, the report to the Regional Health Agency (ARS) of your department will be essential.
A search for The internet reputation of your interlocutor will probably be instructive. If there is other complainants , this may support your case. Before using the services of a lawyer, try conciliation .
Bedbugs in a public place, what are my rights?
Bedbug contamination in a hotel , in a vacation rental , in an Airbnb , in a mountain refuge , at the cinema , at school , in a rental car , on a train , on a plane , what should I do, what are my rights?
Bedbugs love traveling , all types of accommodation , and all means of transportation . They also love the cinema , it is their total happiness, their absolute Holy Grail: they are hidden in the dark, and every two hours, the seats change occupants. For these cases of contamination outside the home, can we obtain compensation or a refund?
Unlike the legal texts that govern the rights between tenants and owners of an apartment, I have not found anything specific for public places.
If the complaint concerns a vacation rental or a classified hotel, you can report it to ATOUT FRANCE 200/216 rue Raymond Losserand CS 60043 75680 PARIS Cedex 14 Email: classement@atout-france.fr Tel: 09 74 36 31 68. This is the organization in charge of classifications, they can order an inspection by accredited organizations: https://www.classement.atout-france.fr/le-classement-des-meubles-de-tourisme and https://www.classement.atout-france.fr/les-types-d-etablissement
Compensation will have to be negotiated.
First, you need to establish proof of the infestation . Before complaining, for example to the hotelier who will immediately remove the sheets, therefore the proof of the infestation, take as many precise and good quality photos as possible so that you can clearly distinguish the insects and their traces. You also need to take photos that can prove the location of the infestation (this hotel room, this cinema, this train). To do this, you will be helped by the geolocation of your photos (place, date, time). Keep transport tickets, hotel invoices, payment methods safe. For invoices, check that they are complete (dates, room number, precise address).
Once you have these supporting documents in your possession, you will be able to approach the negotiation more calmly. The sensitive point will be the reputation of this trader , this airline or this railway company . Remember the media tsunami caused by photos of bedbugs taken on a train (france3-regions.francetvinfo.fr).
Normally and depending on the case, your contact will offer you a refund, alternative accommodation or another room, a solution for handling your luggage.
How to get a free amicable settlement
Consumer mediation
If you receive an unsatisfactory response or no response to your written declaration of infestation, you can use the consumer mediation system . Mediation involves a third party whose mission is to help the parties concerned reach an agreement. It is free and confidential. The mediator's contact details must be on the website or on the commercial documents of the professional to whom you made the declaration of infestation; this is a legal obligation. The failure to appoint a mediator constitutes an administrative failure that you can report on the website https://signal.conso.gouv.fr/
A justice conciliator
In the absence of a designated mediator, or if the latter cannot help you resolve your dispute, you can call upon a justice conciliator . You will also find the list of justice conciliators at the town hall. After hearing both parties, he will propose a solution to resolve your dispute. Conciliation is also free . These avenues of appeal (mediation or conciliation) are mandatory before bringing the matter before the judicial court for disputes of an amount less than or equal to €5,000. They are recommended for those of an amount greater than €5,000.
More information on conciliation of justice.
The Judicial Court
If these amicable attempts have failed, you can refer the matter to the competent Judicial Court. Please note that there are costs , remember to ask that they be paid by the opposing party.
For these procedures, you can get support and information from:
- of permanent access to the law
- from the unique number of access to law 3039
- from a consumer association
- of the legal protection of your insurance. For more information , and more information
- or a lawyer (not mandatory for disputes under €10,000).
If you meet the eligibility requirements, you can apply for legal aid to help you with these procedures.
My workplace is infested, what are my rights?
Bedbugs are at the office , in the locker room , at the workshop , on the construction site . What are my rights? Can I exercise my right of withdrawal? Can I demand teleworking?
INFO source: France3
The right to withdraw home help, the refusal of EHPADs to accommodate a resident
The right to withdraw home help, the refusal of EHPADs to accommodate a resident.
This elderly resident no longer receives visits from home helps. "The company called me to tell me that the home help was exercising her right of withdrawal because of the bedbugs ," her son explains. He had to take over and comes three times a day to watch over his mother.
What does the law say?
It is article L4221-1 of the Labor Code which defines the hygiene and safety conditions required for employees:
- Establishments and work premises are designed so that their use guarantees the safety of workers.
- They are kept in a constant state of cleanliness and have the hygiene and sanitation conditions necessary to ensure the health of those concerned.
- The decrees of the Council of State provided for in Article L. 4111-6 determine the conditions of application of this title.
That being said, the first step will be the amicable report , if possible by email or group letter. If the treatment measures are not taken, you will have to contact your union , or for companies with more than 11 employees or more, the CSE, Social and Economic Committee . This is the body representing staff in the company.
If the problem is still not resolved, you can report it to the Labor Inspectorate
The right of withdrawal is only exercised in the event of serious and imminent danger. The infestation would really have to be completely unmanageable, and this decision could not be taken individually.
