Who Pays for the Bed Bugs

Bed bug liability in rental housing

Bed bug laws in Virginia
Who pays for treatment?

Habitability law only

No bed bug statute, and the landlord pays — the Court of Appeals confirmed in 2024 that it is ultimately the landlord's duty to keep the premises habitable and that landlords must pay for exterminators. But Virginia writes two specific cost-shifts into the tenant's obligations, and one catches people constantly: if you delay unreasonably in reporting, you are financially responsible for the ADDED cost your delay caused. Report the moment you suspect, in writing. Waiting until you are certain is the expensive choice here.

Who pays for treatment
Landlord, with added cost shifted for late reporting
Landlord response deadline
Reasonable time — none fixed
Disclosure before lease
No

What the law actually says

Virginia Residential Landlord and Tenant Act, Va. Code tit. 55.1 ch. 12. § 55.1-1220(A)(1)-(2) — the landlord shall comply with building and housing codes materially affecting health and safety, and make all repairs and do whatever is necessary to put and keep the premises fit and habitable; (B) the landlord is liable only for actual damages proximately caused by a failure to exercise ordinary care; (C) where the duty under A(1) is greater than any other subdivision, A(1) governs; (D) landlord and tenant may agree in writing that the tenant performs duties under A(3), A(6) and A(7) ONLY — the habitability duties at A(1) and A(2) cannot be shifted by lease. § 55.1-1227(A)(3) — the tenant shall keep the part of the unit and premises they occupy free from insects and pests, as those terms are defined in § 3.2-3900, and promptly notify the landlord of any insects or pests. § 55.1-1227(A)(14) — the tenant is financially responsible for the added cost of treatment or extermination due to the tenant's unreasonable delay in reporting, and for the cost of treatment or extermination due to the tenant's fault in failing to prevent infestation in the area occupied; a security deposit may be applied to such a bill. § 55.1-1223 — notice to tenants for insecticide or pesticide use. Remedies: § 55.1-1234 (landlord non-compliance). A 2024 Court of Appeals decision in a flea infestation case held that it is ultimately the landlord's duty to keep the premises habitable and that landlords must pay for exterminators. Best consumer source: Central Virginia Legal Aid Society's dedicated bed bug guide.

Hiring someone in Virginia? Check they are actually licensed for structural pest control before you pay a deposit. Verify a Virginia exterminator →

What to do, in order

  1. Photograph everything before you touch it

    Live insects, shed skins, dark staining along the mattress seam. Timestamps are the evidence.

  2. Notify the landlord in writing

    Email or certified letter, never a phone call alone. Written notice is what starts the clock in every state that has one.

  3. Do not throw out furniture yet

    Discarded items can't be inspected, and moving them spreads the infestation down the hallway.

  4. Let the deadline above run

    Escalating before it expires generally forfeits the remedy.

  5. Escalate to the housing agency, then to court

    An independent inspection report is worth more than your own photographs. Rent withholding rules vary sharply — check the section above before you try it.

Read it yourself

Everything above was written by reading the sections named in the citation, not by summarizing another summary. You should not take our word for it — open the statute and check. Look up the section numbers quoted above.

Virginia Legislative Information System — Code of Virginia →

The state's own legislature or code site. Search it for the section numbers quoted above — they are the whole basis for this page.

Last checked against the Virginia code: . Statutes change every legislative session — if you are reading this long after that date, open the cited sections yourself before relying on them.

Not legal advice. This is a plain-language reference to publicly available statutes, verified against the Virginia code. Liability turns on your lease, your local ordinance and your specific facts. Talk to a tenant attorney or legal aid before withholding rent or filing anything.

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