Question: I represent the landlord. We have a signed lease and are half way through the lease term. I received an email from the tenant stating that there was a bedbug infestation in the unit, and that she wanted the landlord to remedy the problem because the unit is now uninhabitable.

Answer: When NVAR last revised the lease forms in 2009, this issue was specifically addressed, as bedbug infestations were becoming more prevalent. Paragraph 19 in both the VRLTA and the Common Law Lease clearly places the obligation of keeping the unit or the property free of vermin, including bedbugs, on the tenant:

“19. TENANT OBLIGATIONS… The Tenant is responsible for…
J. Controlling and eliminating household pests including but not limited to fleas, ticks, bedbugs, roaches, silverfish, ants, crickets, and rodents during occupancy. Upon vacating the Premises, the Tenant shall be responsible for the costs of the elimination of all such pests and vermin.”