Colorado bed bug law for landlords: 96 hours to inspect, 5 business days to start treatment
Colorado's bed bug part of the landlord-tenant statutes, sections 38-12-1001 to 1007, requires a landlord to obtain a qualified inspector's inspection within 96 hours of a tenant's notice and to start treatment within 5 business days after an inspection that finds bed bugs. The landlord pays for inspection and treatment, and the tenant pays to prepare the unit. Entry needs 48 hours' notice unless the lease or the tenant says otherwise.
What happens when a Colorado tenant reports bed bugs?
The tenant must promptly give written or electronic notice when the tenant knows or reasonably suspects bed bugs. Electronic notice goes only to the email address, number or portal the lease names, or, if the lease is silent, the channel the landlord has used before. The tenant must keep proof of delivery.
Not more than 96 hours after receiving notice, the landlord must obtain an inspection by a qualified inspector, after giving the entry notice described below. A qualified inspector is a certified bed bug detection canine team, a local health department official, or a certified operator, commercial applicator, qualified supervisor or technician. If the inspection confirms bed bugs, the landlord must also have all contiguous units inspected as promptly as is reasonably practical. A contiguous unit is one that touches the infested unit and is owned, managed, leased or subleased by the same landlord.
What are the deadlines after the inspection?
- The landlord gives the tenant written notice within 2 business days after the inspection saying whether the unit has bed bugs.
- If no bed bugs are found, the notice must tell the tenant that a continuing concern can be reported to the local health department.
- A qualified inspector who finds bed bugs reports to the landlord within 24 hours (agriculture department licensees follow the commissioner's rules).
- Not later than 5 business days after the inspection, the landlord starts reasonable treatment as the inspector determines, including hiring a pest control agent for the unit and contiguous units.
Example a made-up tenant in Aurora emails the portal address named in the lease on Monday the 6th. The 96 hour window ends Friday the 10th. The inspection happens Thursday the 9th and finds bed bugs. The written notice to the tenant is due by Monday the 13th (two business days), and treatment must begin by Thursday the 16th (five business days).
Who pays?
Except as the part otherwise provides, the landlord is responsible for all costs of inspecting for and treating bed bugs. The tenant is responsible for the cost of preparing the unit for inspection and treatment. A tenant who knowingly and unreasonably fails to comply is liable for the cost of treatments of the unit and contiguous units when the need for them comes from that non-compliance. The landlord does not have to provide other lodging or replace the tenant's property.
How much notice does entry take?
The landlord must give reasonable written or electronic notice at least 48 hours before the landlord, inspector or pest control agent tries to enter, though the rental agreement may set a different minimum, and the tenant may waive the notice. The tenant must not unreasonably deny access. The first inspection may include a visual and manual look at bedding and upholstered furniture. If bed bugs are found, the inspector may have more access to belongings as the inspector finds necessary and reasonable. A tenant may not dispose of infested items in a common area.
What about showing a unit and what are the remedies?
A landlord may not offer for rent a unit the landlord knows or reasonably suspects has bed bugs. On request, the landlord must tell a prospective tenant whether, to the landlord's knowledge, the unit had bed bugs in the previous 8 months, and must give the last date the unit was inspected and found free of them. A landlord who fails to comply is liable for the tenant's actual damages. A court may order access against a tenant who refuses, and an access order must be served at least 24 hours before entry. A landlord who complies with this part is treated as having met the habitability warranty for bed bug matters.
How DoorKeeping fits in Colorado
DoorKeeping keeps a Colorado bed bug report as a dated work order, so the tenant's notice, your inspection, the pest company's visit and the follow-up are on one record, and the owner sees each one. Entry notices, inspector reports and the two-business-day tenant notice can sit together on that record. This is general information, not legal advice. Check the current statute, your local rules and your lease before you act.
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Questions
- How fast must a Colorado landlord inspect for bed bugs?
- Not more than 96 hours after receiving the tenant's notice, by a qualified inspector, after giving entry notice.
- When must Colorado treatment start?
- Not later than 5 business days after an inspection that confirms bed bugs, and the landlord also has contiguous units inspected.
- Who pays for bed bug treatment in Colorado?
- The landlord pays inspection and treatment costs. The tenant pays to prepare the unit, and pays for treatments caused by the tenant's knowing and unreasonable non-compliance.