Maine bed bug law for landlords: inspect in 5 days, call a pest control agent in 10
Maine's bed bug statute, 14 M.R.S. 6021-A, gives a landlord 5 days to inspect after a tenant says a unit may have bed bugs and 10 days to contact a pest control agent once bed bugs are confirmed. A landlord must disclose an infested adjacent unit before renting and may not rent a unit known or suspected to be infested. A tenant who unreasonably fails to follow the control measures pays for the treatments that result.
What must a Maine landlord do after a tenant reports bed bugs?
The clock starts when the tenant gives written or oral notice that the unit may have a bed bug infestation. Within 5 days the landlord must inspect the unit. If the landlord determines that bed bugs are there, the landlord must contact a pest control agent within 10 days. The statute defines a pest control agent as a commercial applicator of pesticides certified under Title 22, section 1471-D.
The landlord must take reasonable measures to identify and treat the infestation as determined by the pest control agent, and must use an agent that carries current liability insurance to treat it promptly. Because oral notice counts, the first call from a tenant starts the 5 days, not a later email.
Example a made-up tenant in Bangor tells the landlord by phone on the 3rd that she may have bed bugs. The inspection is due by the 8th. If the landlord confirms bed bugs on the 8th, the call to a pest control agent is due by the 18th.
What must you disclose before renting, and what can you not rent?
- Before renting, disclose if an adjacent unit or units are currently infested with, or being treated for, bed bugs.
- On request from a tenant or prospective tenant, disclose the last date the unit, or an adjacent unit, was inspected and found free of bed bugs.
- Do not offer for rent a unit you know or suspect is infested.
The first duty applies without being asked. The second applies only when someone asks, so a written answer in the file is worth having.
What must the tenant do, and who pays for treatment?
The tenant must promptly tell the landlord when the tenant knows of or suspects bed bugs. After reasonable notice under section 6025, the tenant must give access to the landlord, the landlord's agent or the pest control agent. The first inspection may include only a visual and manual look at bedding and upholstered furniture. If bed bugs turn up in the unit or an adjoining unit, the pest control agent may have more access to belongings as the agent finds reasonable.
The tenant must also follow reasonable control measures set by the landlord and the pest control agent. The statute says a tenant's unreasonable failure to completely comply makes the tenant financially responsible for all pest control treatments of the unit that arise from that failure. Read that carefully: the tenant pays for treatments caused by non-compliance, not for the first treatment just because bed bugs were found.
What if the tenant cannot prepare the unit?
The landlord must offer reasonable assistance to a tenant who cannot comply with requested inspection or control measures. The landlord must tell the tenant what compliance may cost. After that, the landlord may provide financial assistance for preparing the unit and may charge a reasonable amount for it, on a reasonable repayment schedule that does not run past 6 months unless both sides agree to extend it. The landlord does not have to provide other lodging or replace the tenant's belongings.
What are the remedies and the retaliation rule?
- A landlord who fails to comply faces a penalty of $250 or actual damages, whichever is greater, plus reasonable attorney's fees.
- Non-compliance counts as a finding that the landlord unreasonably failed to take prompt, effective steps on a condition that endangers or materially impairs health or safety under section 6021, subsection 3.
- A landlord can go to court under section 6030-A against a tenant who blocks access or inspection. A court order for access must be served at least 24 hours before entry.
- An eviction filed within 6 months after a tenant asserted rights under this section is presumed to be retaliation, unless it is for unpaid rent or substantial damage to the premises.
How DoorKeeping fits in Maine
DoorKeeping keeps a Maine 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. Each report carries a timestamp, which is what your 5-day and 10-day deadlines count from. This is general information, not legal advice. Check the current statute, your local rules and your lease before you act.
Sources
Questions
- How fast must a Maine landlord inspect for bed bugs?
- Within 5 days of written or oral notice from a tenant that the unit may have an infestation. If bed bugs are confirmed, the landlord must contact a pest control agent within 10 days.
- Who pays for bed bug treatment in Maine?
- The landlord arranges treatment. A tenant who unreasonably fails to completely comply with the pest control measures is financially responsible for the treatments that result from that failure.
- Can a Maine landlord rent a unit with bed bugs?
- No. A landlord may not offer for rent a unit the landlord knows or suspects is infested, and must disclose an infested or treated adjacent unit before renting.