Bed bugs in a Michigan rental: who pays and what to do

The answer to the question everyone asks first

Who pays for bed bugs in a Michigan rental has no one-line answer, and any page that gives one is guessing. Michigan law does not name bed bugs, and the state’s own bed bug manual says the duty is shared: landlords, property managers and residents must make a good-faith effort to address an infestation. What you can do is act in an order that protects you whichever way a dispute goes.

This guide uses two Michigan documents that deserve their dates. The first is the state’s bed bug manual, written in 2010, which means statutes may have changed since; we present what it says as “the state’s bed bug manual says”. The second is a booklet from the Michigan Department of Health and Human Services (MDHHS), “Getting the Bed Bugs Out”, which gives advice to renters. One statute applies as well, MCL 554.139, the landlord’s covenant in every residential lease. We are a referral service, not a law firm, and nothing here is legal advice.

What the state’s manual says about duties

The manual says Michigan’s housing law covers most dwellings, including residences, rental housing, rooming houses and hotels, and that owners are responsible for keeping the entire building free from vermin, while tenants are responsible for the cleanliness of what they control. It says local code enforcement usually implements the housing law, that complaints involving children get priority, and that landlords, property managers and residents are legally required to make a good-faith effort to address a bed bug infestation. If they do not, the manual says, they can be held liable under Michigan’s housing laws, and tenants may have private causes of action if a landlord fails to address an infestation. We do not have the statutory section behind the vermin sentence, so we cite the manual and not a section number.

Read that last point carefully, because it cuts both ways: the manual never says the landlord always pays, and it never says the tenant caused it. MDHHS says bed bugs are not a sign of a dirty home or poor personal hygiene, so a landlord who blames housekeeping is arguing against the state’s own health department.

The lease covenant

MCL 554.139 says that in every residential lease the landlord covenants that the premises and common areas are fit for their intended use, that the landlord will keep them in reasonable repair, and that the landlord will comply with applicable health and safety laws, unless the problem was caused by the tenant’s wilful or irresponsible conduct. The statute does not name bed bugs. Whether an infestation breaches the covenant is a question of fact in a given building. In a dispute, these facts carry the weight: when you first reported, what the landlord did and how quickly, and whether other units had bugs.

What a renter should do, in order

1. Confirm with a live bug. MDHHS says bites alone cannot confirm them. Photograph the bug next to a coin and keep a specimen in a sealed container.
2. Report in writing to the landlord or property manager, with the photos, the date and where you found it. MDHHS says to report promptly and not to apply insecticides yourself, and that local laws may ban insecticide use by renters in government housing. Keep a copy.
3. Do not use foggers or home sprays. MDHHS says foggers do not work, and the EPA says total release foggers carry a fire and explosion risk if misused.
4. If the response is inadequate, MDHHS says to contact city code enforcement or the buildings department. The local health department may consult and can take action at its discretion, according to the manual.
5. For a dispute over who pays, the state’s manual lists the Attorney General’s line, which is 877-765-8388 for consumer complaints, and an MSU tenant and landlord advice line, 517-336-8088, a number from a 2010 document that you should verify before you call. The Attorney General’s consumer protection team informally mediates and cannot act as your private attorney.
6. Tell the landlord about any neighbors who have bugs. MDHHS says bed bugs spread between units through walls, ceilings and hallways, so a treatment of one unit may not be enough.

If you are the landlord

The EPA’s guidance for landlords is to find out what laws apply locally, because there could be reporting and response requirements, to train staff to identify bed bugs, to inspect units when tenants leave and to give tenants a policy sheet. That guidance is federal and is not a Michigan rule. Under the state manual’s good-faith duty, a prompt written response and a licensed inspector’s report are the strongest facts you can have. Michigan requires anyone applying insecticides for hire to hold a license, so ask a company for its business license number and the applicator’s name. The license guide lists them.

Who does the work, and what they must hand over

If the landlord hires a company, a tenant gets no extra rights from that, but the company must give whoever it serves its details, the applicator’s name, the target pest, the active ingredients, the date and time and the label’s precautions at the time of the application. The paperwork guide has the list. Ask the landlord for a copy of the report and the treatment plan, including how many follow-up visits are planned, because the EPA says control takes time and patience.

What this guide cannot tell you

We cannot tell you who owes the bill in your building, if your lease changes the answer or if a court would find a breach. For the first two, read your lease and write to the landlord. For the third, the Attorney General’s mediation or a tenant legal service is the next step. Keep every message, photo and receipt: the dates are what a code officer or a mediator will ask for first. The bed bug guide covers confirming and treating, and the bed bug page shows what a visit involves.