An Overview of Illinois Bed Bug Laws
The bed bug laws in Illinois are relatively straightforward, and generally follow the same framework as bed bug laws in most other places: property owners are responsible for keeping their own property free from pests, while tenants must notify property owners of any infestations in order for the property owner to take action.
Under Illinois law, landlords must maintain the building and do all of the following: Both landlords and tenants have a duty to prevent damage to the property and avoid creating a public nuisance, under the Illinois Compiled Statutes 765 ILCS 605. In addition, because bed bugs are a public nuisance (specifically a type of insect, 415 ILCS 5/3.175) and can be harmful to human health (415 ILCS 5.2), the Illinois Compiled Statutes 415 ILCS 5/1004 state that it is unlawful to knowingly cause or permit pollution of any kind.
In general, state law has not yet caught up with the growing problem of bed bug infestations, so bed bug laws and regulations are mostly decided and enforced at the municipal level. In Chicago , for example, there are no laws directly addressing bed bugs, but the city does keep a database of residential and commercial buildings that have been reported for bed bug infestations.
Recent updates to beds bug laws in Illinois include: House Bill 5020: Food establishments and retail food stores are now required to train staff on how to identify signs of Indian meal moths in food products, whether in bulk bins or packaged; however, the bill does not establish any procedures or protocols for pest control, nor does it address other insects such as bed bugs. HB 4849: Owners of establishments with 25 or more units are required to form a pest management plan, which includes information about the identification, documentation and treatment of infestations. The bill also states that the owner must follow up with the tenant a week after the property concludes pest control measures, something that was previously considered a best practice by companies like Terminix.
Bed Bug Tenant Rights and Landlord Responsibilities
Your apartment may be your castle, but you have entryway rights to sue your landlord for damages if you have or suspect you have bedbugs. Section 1961 of the Illinois Compiled Statutes requires landlords to exterminate pests. Failing to do so can result in a lawsuit. Under the statute, tenants have the right to hire an exterminator or pest-control service and sue your landlord if he or she refuses to reimburse you for the cost of extermination (as long as the services are pre-approved by the landlord).
You can also sue for identified damages and expenses, which include:
• Physical damage to furniture or other personal property
• Pain and suffering
• Medical bills (if needed)
• Lost wages due to an inability to work
While you have a right to sue, you must be able to prove beyond a reasonable doubt:
• You had an actual infestation
• The infestation was the result of your landlord’s failure to exterminate (or at least try to exterminate) the infestation in a timely manner
• You had financial damages due to the bed bug infestation
Landlords must meet these obligations under the same section of the Illinois Compiled Statutes:
• Post signs about how to identify bed bug droppings and how to report the issue
• Exterminate within seven days of notifying the landlord or property management about the problem (Owner-occupied multifamily housing units equipped with a central heat and air system are allowed 30 days of notification)
• Exterminate any other known infestations of three or more adjoining units
The above is important for tenants to know because if you are trying to get your landlord or property manager to take care of the infestation, you must make a clear, documented effort to notify them that the issue exists or you will lose your ability to sue for damages. New legislation also imposes a "new disclosure requirement" for landlords and property managers, who must disclose if they have both interior and/or exterior doors and windows that do not seal properly, holes or cracks in walls, ceilings, or floors. Additionally, graffiti, or other signs of vandalism, that provide additional openings in the unit that may foster pest infestations and allow those vermin to thrive in the unit(s).
Reporting and Remedying Bed Bug Issues
Tenant’s Obligation:
If a tenant discovers bed bugs, they should immediately report the problem to the property owner and allow them a reasonable amount of time to cure. Tenants typically are under an immediate obligation to provide the owner with access for the inspection and treatment of bed bugs once the problem is reported and must follow the rules established by the Illinois Department of Public Health.
Owner’s Obligation:
In general, an owner may offer one of two choices to cure the problem: (1) immediate access for the inspection and treatment of bed bugs or (2) a two-week extension that allows the property owner to hire an expert or licensed pest control operator to inspect the offending unit. If an owner promptly takes reasonable steps to deal with a bed bug problem brought to their attention, the court should consider this in balancing the equities of the situation.
Landlord may issue rent credits to remedy the conditions caused by the presence of bed bugs. The extent of the credit will depend on several factors, including: Whether the tenant has immediate access to a new unit, the length of time needed to treat a bed bug infestation, whether the cost of treatment will be high, and if so, how the tenant is expected to handle these costs.
Prompt investigation and neutral efforts will not expose the owner to liability for a failure to provide a unit fit for rental. An owner may not be liable for conditions arising from normal wear and tear.
Taking Legal Action for Non-compliance
In order to ensure compliance with the bed bug laws, there is an enforcement provision within the law. Typically, a tenant will make a request of the landlord or owner in connection with an issue, such as a bed bugs. If the landlord or owner takes too long to act, or worse, fails to act altogether, then the tenant can file a lawsuit against both the landlord or owner and the bed bug pest control company hired by the landlord or owner. The amount of money involved is not typically very much money, although that all depends on how long it took the landlord to act. But the case is more important for the legal precedent that it sets. A lawsuit is usually filed with the small claims division of the Circuit Court. The actual suit is filed by the tenant and should be brought in the location where the damage (invasion of bed bugs) occurred .
The basic claim is that the landlord (or owner of the home, condominium, or apartment where the bed bugs are located) breached the laws in Illinois and, as a result, the tenant or resident there suffered a financial injury (damages). A damage award may include the cost of cleaning or replacing property, hotels or pest control, emotional distress and substantive damage for potential future harm to your property or health, plus other items depending upon what your attorney requests. I have never heard of any of these cases going to jury trial. The parties always end up reaching an out-of-court settlement, as any law that supports this type of suit has a very powerful provision – an award of attorneys fees to the tenant if they prevail.
As an alternative to court, the law also allows the tenant or occupant to file a complaint with the Illinois Attorney General’s office, or other enforcement agency. The law allows several different agencies to enforce the law, including the local health department.
Proactive Measures and Best Practices
Understanding preventive measures is essential for both tenants and landlords to minimize the risk of bed bug infestations and to promote compliance with the Illinois Bed Bug Control Act.
For Landlords:
The recommendation is to conduct an inspection of the premises when it is vacant to determine if there are signs of bed bugs prior to showing a bedroom to prospective tenants. If bed bugs are found, a landlord can take steps to address the problem to reduce the chance of an infestation when a tenant moves in. It is also a good idea to inspect vacant units from time to time to see if there are any new signs of bed bugs. Another suggestion is if practicable, contact a pest control professional to have preventative treatment (heat or insecticide) to be performed prior to a tenant moving into the unit or at least twice a year in an occupied apartment. If someone moves in with a tenant and brings bed bugs with them, you may need to evict that tenant as they have violated their lease agreement and created a nuisance.
For Tenants:
The best way to prevent a bed bug infestation is to take precautions if you are moving into a new apartment. You can also do some things to help minimize the risk of a bed bug infestation. If your landlord has images of an infestation in your building or unit, you likely will be required to comply with the request to cooperate with pest control professionals. For instance, empty out drawers, clear closets, remove linens from your bed and wash them and make yourself and your belongings available for further inspection within the timeframe established by the pest control experts.
Resources and Assistance for Affected Tenants
Depending on individual circumstances, affected tenants may have additional options for resources and support. For example, the Chicago Department of Public Health provides information for reporting bed bugs in Chicago, writing expectations for landlords and tenants, and information about Illinois law that applies to pest control, among other things. While not an exhaustive list, the following are useful contacts for tenants dealing with a bed bug problem:
Illinois Department of Public Health (IDPH) , 217-782-6518 or 1-800-252-8942
Local Health Departments, state or county
Chicago Department of Public Health (CDPH), 312-747-9884
Legal Assistance Foundation of Metropolitan Chicago, Inc., 312-341-1070
Landlord Tenant Ordinance Hotline (Chicago), 312-742-RENT (7368)
Chicago Tenants Union, 312-738-1199
Quadel Consulting, 1-800-440-2027
Chicago Tenants Union [email protected], 312-742-RENT (7368)
Chicago Area Fair Housing Alliance, 1-888-482-7950 (HUD housing information hotline)
The Village of Oak Park, 708-358-5724