Landlords Trying to Impose Bed Bug Policies

Jason York and his two roommates have lived in Bel Air Court, an East Side apartment complex, for more than four years.

"They've been fair to us," York said of their landlord, Indianapolis-based Sexton Cos. "This is really the first trouble we've ever really had with them."

Although the "first trouble" dealt with a small, even tiny, matter - 5 millimeters by 3 millimeters, tops - it turned out to be, in York's estimation, a huge one.

The 31-year-old graphic artist and his roommates had intended to renew their lease yet again, but when the paperwork arrived, it included a "pest-control addendum."

The addendum required the tenants to certify that their unit contained no bedbugs - those nearly invisible, blood-hungry parasites that have staged an unwelcome comeback here and elsewhere.

It further stipulated that the tenants would have to notify the landlord if bedbugs appear. At that point, they also would have to cooperate with extermination efforts and cover the entire cost, including any expenses associated with the elimination of bugs that might have spread to adjacent units.

On top of all that, if bedbugs appeared, the lease would terminate immediately and York and his roommates would be on the street faster than they could say, "Pass the Lanacane."

"That's harsh. What's the deal?" was his initial reaction, York said. "It just seemed draconian."

Draconian or not, such provisions have become increasingly common in rental agreements in central Ohio, thanks to the region's ongoing struggle with bedbugs, said Dianna Parker, a lawyer with the Legal Aid Society of Columbus.

Parker said that York and his roommates - or any renters presented with a pest-control addendum - have three options: Sign the agreement as is, negotiate changes in it, or move.

Parker, however, said she doubts that Bel Air Court's management could enforce its immediate-termination clause. Ohio law, she pointed out, requires a landlord to serve a tenant with a "notice to vacate" at least three days before the start of eviction proceedings, which could then drag on for weeks.

"So there's a process here that the tenants are entitled to under Ohio law that cannot be contracted away."

That won't be an issue, it turns out, in this case.

When WBNS-TV (Channel 10) called Bel Air Court's office to ask about its pest policy, the person who answered the phone said, "It's our company policy not to speak with reporters," and hung up.

Later that day, returning home from work, York and his roommates found a notice stating that their lease would not be renewed. They had 30 days to get out.

They won't need that much time. They've already found another apartment - in a complex that doesn't require tenants to sign a pest-control provision.

Better yet, the rent is less.