California law allows you to sue if you are bitten by bedbugs while renting property or staying in a hotel. The defendant would be the property owner.
To date, there have been no successful claims against Airbnb itself for bedbug bites or infestations. Airbnb does not appear to have a legal duty to people who book a property through their website.
Though in recent years, various jurisdictions have started cracking down on Airbnb and other short-term online rental companies. So far, proposed regulations have been geared toward limiting the number of short-term stays a property owner is allowed.
This is a sign of the growing power of such companies. Perhaps soon courts might be willing to hold Airbnb liable if it continues to list properties after being notified of problems with bedbugs.
What is a homeowner’s duties to renters?
California law is clear on the duty of a property owner to keep rental premises free of bedbug infestations.
To recover damages, you will usually need to prove that:
- The property owner knew or was on notice of a bedbug infestation,
- The property owner failed to take reasonable steps to eradicate it, and
- As a result of such failure, you suffered damages.
How do I prove I got bedbugs from a rental?
Proving where a bedbug infestation came from can be tricky.
In order to prevail in a lawsuit against an Airbnb property owner, you should:
- Immediately notify the property owner,
- Save all documents relating to the rental,
- Take photos of the premises (especially collections of debris) and any bugs found on the property,
- Take photos of the bites,
- Get medical bills and doctor’s notes of findings (if applicable), and
- If possible, establish that your own home was free of bedbugs (for instance, with evidence of a recent inspection by a pest control company).
What damages can I recover?
If you get bed bugs from an Airbnb property in California, you can sue for such damages as:
- Medical bills,
- Counseling bills,
- Pain and suffering,
- Emotional distress / anxiety,
- Property damage,
- Refund of the costs of staying at the property, and
- The costs of eradicating an infestation.
Can I recover punitive damages?
California permits the recovery of punitive damages for bedbug bites. However, they are typically awarded only when:
- The property owner has actual notice of an infestation, and
- The property owner takes no action to warn you or to eradicate the infestation.
Punitive damages are more common when you are bitten by bedbugs at a hotel or large rental complex.
What if I knew the property might have bed bugs?
If you saw an Airbnb review that a property had bed bugs – and then you proceeded to stay there – a judge or jury might conclude that you were on notice.
California follows a “comparative negligence” standard. Under this rule, a judge or jury can allocate negligence between the parties to a lawsuit.
This means that your damages award can be reduced by the percentage that you are deemed responsible for your injuries. You may be partly responsible for knowingly staying at an infested property.
Can the property owner sue me?
Technically, yes. You as a tenant have a legal duty to keep the premises you rent clean and sanitary.
So a California property owner might counterclaim and blame the infestation on you.
But, as discussed above, proving the source of a bedbug infestation is difficult. Just because a property owner countersues does not mean you will lose the case.
Additional Resources
For tips about bed bugs, refer to the following:
- Environmental Protective Agency – Top Ten Tips to Prevent or Control Bed Bugs.
- Healthline – How to get rid of bedbugs at home.
- KidsHealth – What to do when a bed bug bites your child.
- Centers for Disease Control – Overview of bed bugs.
- California Department of Public Health – Information sheet about bed bugs.