Common Conditions FAQ: What Can I Do if I Have Bed Bugs?

The Oak Park Residential Tenant and Landlord Ordinance has rights and responsibilities for both tenants and landlords regarding bed bugs. Section 12-6-10(D) of the RTLO.

What should I do if I suspect there are bed bugs in my apartment?

Tenants should notify their landlord immediately upon suspecting a bed bug infestation or within 48 hours of noticing the presence of bed bugs. Section 12-6-10(D)(6) of the RTLO. Tenants should consider calling immediately and then sending a written follow-up.

Tenants SHOULD NOT try to get rid of the bed bugs by applying chemicals, “bug bombs” or pesticides as these do not work and could make you, your family or neighbors sick. Once a tenant has notified the landlord, wait for additional instructions from the landlord and pest management professional. Prompt notification and treatment will help prevent the further spread of bed bugs.

A tenant must cooperate with the landlord. A tenant:

  • Can’t interfere with an inspection or with a treatment
  • Should grant access to the apartment for an inspection or a treatment
  • Should dispose of any items that a pest management professional has determined cannot be treated or cleaned

What are the landlord’s responsibilities?

  1. Educate tenants about bed bugs by providing this brochure when tenants sign a new or renew an existing lease or other rental agreement.
  2. Notify tenants prior to any inspection or treatment of their apartment for bed bugs and provide instructions for preparing the apartment.
  3. Get rid of the bed bug infestation by providing pest control services by a pest management professional within 10 days after the tenant notifies the landlord
  4. Maintain a written record of pest control measures with reports and receipts for the most recent 3 years.

Section 42-810(D) of the RTLO.

The landlord does not need to buy the tenant new furniture.

What happens if the landlord is not responsive?

  • Send a demand letter using the template attached here. The landlord must provide extermination services by a pest management professional within 10 days of receiving this letter as many times as necessary to totally eliminate the infestation. The extermination services should be for the affected unit and the two units directly above and below and the two units on either side.
  • A tenant can also call the Village of Oak Park.
  • The tenant may also terminate the lease by sending a written notice.

The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.

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