Current through 2023 Legislative Session
Section 38-12-1004 - Bed bugs - access to dwelling unit and personal belongings - notice - costs(1)(a) If a landlord, qualified inspector, or pest control agent must enter a dwelling unit for the purpose of conducting an inspection for, or treating the presence of, bed bugs, the landlord shall provide the tenant reasonable written or electronic notice of such fact at least forty-eight hours before the landlord, qualified inspector, or pest control agent attempts to enter the dwelling unit; except that a rental agreement may provide for a different minimum time for the notice. A tenant who receives such notice shall not unreasonably deny the landlord, qualified inspector, or pest control agent access to the dwelling unit.(b) A tenant may waive the notice requirement described in subsection (1)(a) of this section.(2) A qualified inspector who is inspecting a dwelling unit for bed bugs may conduct an initial visual and manual inspection of a tenant's bedding and upholstered furniture. The qualified inspector may inspect items other than bedding and upholstered furniture when the qualified inspector determines that such an inspection is necessary and reasonable.(3) If a qualified inspector finds bed bugs in a dwelling unit or in any contiguous dwelling unit, the qualified inspector may have such additional access to the tenant's personal belongings as the qualified inspector determines is necessary and reasonable.(4) A tenant shall comply with reasonable measures to permit the inspection for, and the treatment of, the presence of bed bugs as determined by the qualified inspector, and the tenant is responsible for all costs associated with preparing the tenant's dwelling unit for inspection and treatment. A tenant who knowingly and unreasonably fails to comply with the inspection and treatment requirements described in this part 10 is liable for the cost of any bed bug treatments of the dwelling unit and contiguous dwelling units if the need for such treatments arises from the tenant's noncompliance.(5) If any furniture, clothing, equipment, or personal property belonging to a tenant is found to contain bed bugs, the qualified inspector shall advise the tenant that the furniture, clothing, equipment, or personal property should not be removed from the dwelling unit until a pest control agent determines that a bed bug treatment has been completed; except that, if the determination that any furniture, clothing, equipment, or personal property contains bed bugs is made by a qualified inspector licensed by the commissioner of agriculture pursuant to article 10 of title 35, the qualified inspector shall advise the tenant regarding the removal of the furniture, clothing, equipment, or personal property in accordance with rules promulgated by the commissioner of agriculture pursuant to said article 10. The tenant shall not dispose of personal property that was determined to contain bed bugs in any common area where such disposal may risk the infestation of other dwelling units.(6)(a) Nothing in this section requires a landlord to provide a tenant with alternative lodging or to pay to replace a tenant's personal property.(b) Nothing in this section preempts or restricts the application of any state or federal law concerning reasonable accommodations for persons with disabilities.Added by 2019 Ch. 426,§ 1, eff. 1/1/2020.L. 2019: Entire part added, (HB 19-1328), ch. 3719, p. 3719, § 1, effective January 1, 2020.