H.F. _____ Section 1. Section 562A.6, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 01. “Bed bug” means an insect of the 3 species “cimex lectularius”, commonly referred to as bed bug. 4 Sec. 2. Section 562A.6, Code 2011, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 001. “Bed bug infestation” means the 7 presence of bed bugs or signs of their presence in a quantity 8 large enough that the tenant of the dwelling unit has knowledge 9 or should have knowledge concerning the presence of bed bugs 10 in the unit. 11 Sec. 3. NEW SECTION . 562A.15A Landlord to maintain premises 12 free of bed bugs. 13 1. The landlord shall maintain the premises free of a bed 14 bug infestation. 15 2. Upon provision of written notice pursuant to section 16 562A.17A, subsection 3, to a landlord from a tenant of a 17 dwelling unit that the tenant suspects the presence of bed bugs 18 in the tenant’s unit, the landlord’s designated pest control 19 professional shall visually inspect the unit for bed bugs 20 within seven days. 21 3. Upon conclusion that an infestation of bed bugs does 22 exist in the unit following an inspection in accordance 23 with subsection 2, the landlord shall, within fourteen days, 24 commence controlling the bed bug infestation in the dwelling 25 unit. Control of bed bugs is complete when no evidence of bed 26 bug activity has occurred in the dwelling unit for fifty days 27 after the last application of any treatment. 28 4. The landlord shall give notice to the tenant pursuant 29 to section 562A.19, subsection 3A, that the landlord requires 30 access to the dwelling unit for the purpose of inspecting or 31 controlling the infestation of bed bugs. 32 5. Except when the landlord has been grossly negligent or 33 has violated section 562A.15 or this section, the landlord and 34 the landlord’s employees and agent shall not be liable to the 35 -1- LSB 5196YC (6) 84 ad/sc 1/ 7

H.F. _____ tenant or the tenant’s guests, invitees, family members, heirs, 1 subtenants, or any and all successors or assigns for any and 2 all damages relating to and arising from the infestation of bed 3 bugs or the inspection for and control of bed bugs. 4 6. A landlord shall not be held liable for damages related 5 to the presence of bed bugs in the tenant’s unit when a tenant 6 fails to notify the landlord of the presence of bed bugs within 7 forty-eight hours of first obtaining knowledge. 8 7. A landlord shall not be liable to the tenant or the 9 tenant’s guests for any damages relating to and arising from 10 the presence of bed bugs if the tenant obstructs or inhibits 11 the ability of the landlord, the landlord’s agent, or employees 12 of the landlord’s designated pest control company to gain 13 access to the unit for purposes of conducting an inspection 14 and controlling bed bugs or if the tenant fails to cooperate 15 with the landlord, the landlord’s agent, or employees of 16 the landlord’s designated pest control company in a manner 17 determined to be necessary to satisfactorily complete requisite 18 treatments to control a bed bug infestation. 19 Sec. 4. NEW SECTION . 562A.17A Tenant to maintain property 20 free of bed bugs. 21 1. A tenant of a residential rental property shall maintain 22 the tenant’s dwelling unit free of a bed bug infestation. 23 2. The failure of a tenant to report any bed bug infestation 24 within the tenant’s dwelling unit within seven days after the 25 tenant moves in shall be an acknowledgment by the tenant that 26 the dwelling unit is free of bed bugs. 27 3. a. A tenant who has knowledge of or should have 28 knowledge of a bed bug infestation or who suspects the presence 29 of bed bugs in the dwelling unit based on the presence of 30 characteristic bite marks or other known indicating factors, 31 shall notify the landlord in writing, as to the presence of bed 32 bugs within forty-eight hours of obtaining knowledge. 33 b. The control of bed bugs in a dwelling unit may 34 constitute damages to the unit beyond normal wear and tear 35 -2- LSB 5196YC (6) 84 ad/sc 2/ 7

H.F. _____ and the landlord may itemize and deduct the actual bed bug 1 control costs pursuant to section 562A.12 if the tenant 2 fails to provide notice in accordance with this subsection. 3 The landlord shall have a separate cause of action for the 4 collection of costs related to the control of bed bugs that 5 exceeds a tenant’s security deposit and for which the tenant is 6 liable under this subsection. 7 c. A tenant who fails to notify the landlord of bed bugs in 8 accordance with this subsection shall be held liable for all 9 bed bug control expenses for the unit and surrounding units 10 that are or may become infested with bed bugs. Such expenses 11 may include but are not limited to: 12 (1) The cost of the bed bug control treatment or treatments. 13 (2) The removal and replacement of carpet or flooring. 14 (3) The removal and replacement of cabinets or other 15 surfaces. 16 (4) Repainting. 17 (5) The cost borne by the landlord of housing each resident 18 displaced from a dwelling unit that became infested with bed 19 bugs as a result of the tenant’s failure to notify the landlord 20 of the presence of bed bugs in accordance with this subsection. 21 4. If, after receiving notice of an inspection or control 22 procedure pursuant to 562A.15A, subsection 4, the tenant 23 obstructs or inhibits the ability of the landlord, the 24 landlord’s agent, or the employees of the landlord’s designated 25 pest control company to gain access to the unit for purposes of 26 conducting an inspection or controlling bed bugs, or the tenant 27 fails to cooperate with the landlord, the landlord’s agent, or 28 employees of the landlord’s designated pest control company in 29 a manner determined to be necessary to satisfactorily complete 30 requisite treatments to control the bed bug infestation, 31 the tenant will be found to have violated section 562A.17 32 for failure to maintain the dwelling unit in a way that has 33 materially affected health and safety. A violation of this 34 subsection entitles the landlord to terminate the tenancy and 35 -3- LSB 5196YC (6) 84 ad/sc 3/ 7

H.F. _____ seek damages. 1 5. a. The tenant shall comply with protocol set by the 2 landlord, the landlord’s agent, and the landlord’s designated 3 pest control company, which is deemed necessary to carry out 4 control of a bed bug infestation including but not limited 5 to pretreatment activities, evacuation of the dwelling unit 6 during and after treatment for a specified period of time, the 7 completion of all posttreatment activities, and the immediate 8 reporting of ineffective treatment or a new infestation of bed 9 bugs to the landlord. 10 b. Failure to strictly comply with the protocol set by the 11 landlord, the landlord’s agent, and the pest control company in 12 accordance with this subsection will result in the tenant being 13 financially responsible for all pest control treatments of the 14 unit and surrounding units that are or may become infested 15 with bed bugs as a result of the tenant’s noncompliance. Such 16 expenses may include but are not limited to: 17 (1) The cost of the bed bug control treatment or treatments. 18 (2) The removal and replacement of carpet or flooring. 19 (3) The removal and replacement of cabinets or other 20 surfaces. 21 (4) Repainting. 22 (5) The cost borne by the landlord of housing each resident 23 displaced from a dwelling unit that became infested with bed 24 bugs as a result of the tenant’s failure to notify the landlord 25 of the presence of bed bugs in accordance with this subsection. 26 6. A tenant of a dwelling unit shall not apply any bed 27 bug control technique including but not limited to poisoning, 28 spraying, fumigating, trapping, or any other recognized and 29 lawful pest elimination method. 30 7. The landlord and tenant may agree in writing that the 31 tenant is wholly responsible for any and all bed bug control 32 costs associated with, or arising from, infestation of the 33 tenant’s dwelling unit. 34 Sec. 5. Section 562A.19, subsection 1, Code 2011, is amended 35 -4- LSB 5196YC (6) 84 ad/sc 4/ 7

H.F. _____ to read as follows: 1 1. The tenant shall not unreasonably withhold consent 2 to the landlord to enter into the dwelling unit in order 3 to inspect the premises, make necessary or agreed repairs, 4 decorations, alterations, or improvements, supply necessary 5 or agreed services, conduct an inspection for bed bugs or 6 control a bed bug infestation, or exhibit the dwelling unit to 7 prospective or actual purchasers, mortgagees, tenants, workers, 8 or contractors. 9 Sec. 6. Section 562A.19, Code 2011, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 3A. If the purpose of entry is to conduct 12 an inspection for bed bugs or to control a bed bug infestation, 13 the landlord shall give the tenant at least twenty-four hours’ 14 written notice of the landlord’s intent to enter. 15 EXPLANATION 16 This bill adds language to the uniform residential landlord 17 and tenant Act regarding bed bugs in residential rental 18 property units. The bill provides that both the landlord 19 and the tenant shall maintain the dwelling unit free of an 20 infestation of bed bugs. The bill provides that the tenant’s 21 failure to report a bed bug infestation within seven days 22 of moving in is an acknowledgment that the unit is free of 23 bed bugs. The bill requires the tenant of a dwelling unit 24 to report any bed bug infestation within 48 hours of when 25 the tenant obtained knowledge of the infestation, should 26 have obtained knowledge of the infestation, or suspected 27 the presence of bed bugs. A tenant’s failure to notify the 28 landlord within 48 hours results in the tenant becoming liable 29 for bed bug control expenses, as specified in the bill, for the 30 unit and surrounding units, and the expenses may be deducted 31 from the tenant’s security deposit. If the tenant fails to 32 inform the landlord of the presence of bed bugs, the tenant 33 cannot hold the landlord liable for damages related to the 34 presence of bed bugs in the unit. 35 -5- LSB 5196YC (6) 84 ad/sc 5/ 7

H.F. _____ The bill provides that a landlord’s designated pest control 1 professional must visually inspect a unit within seven 2 days of the landlord’s receipt of notice of a potential bed 3 bug infestation from a tenant. The landlord shall begin 4 controlling the bed bug infestation in the dwelling unit within 5 14 days of the conclusion that an infestation exists in the 6 unit. The landlord must give 24 hours’ written notice to 7 the tenant when the landlord requires access to the unit for 8 purposes of inspecting for bed bugs or controlling a bed bug 9 infestation. The bill provides that a landlord is not liable 10 to the tenant for any damage relating to and arising from the 11 bed bug infestation or control of bed bug infestation except 12 when the landlord was grossly negligent or if the landlord 13 violates the statutory duty to maintain the premises in fit 14 condition. 15 The bill also provides that the tenant may not obstruct or 16 inhibit the ability of the landlord, the landlord’s agent, or 17 employees of the pest control company from accessing the unit 18 to inspect the unit for bed bugs or to control the bed bug 19 infestation. If a tenant fails to cooperate satisfactorily or 20 fails to allow access after receiving notice of entry into the 21 unit, the tenant will be in violation for failing to maintain 22 the dwelling unit in a way that has materially affected health 23 and safety. The bill provides that a landlord may terminate 24 and seek damages for a tenant’s failure to allow access or 25 failure to cooperate. If the tenant fails to allow access or 26 fails to cooperate, neither the tenant nor the tenant’s guests 27 may hold the landlord liable for any damages relating to the 28 presence of bed bugs. 29 The bill provides that a tenant also must comply with control 30 protocol set forth by the landlord, the landlord’s agent, and 31 the pest control company. The tenant’s failure to do so will 32 result in the tenant becoming financially responsible for all 33 pest control treatments of the unit and surrounding units that 34 are or may become infested with bed bugs as a result of the 35 -6- LSB 5196YC (6) 84 ad/sc 6/ 7