House committee substitute makes the following changes to 1st edition.
Amends subdivision (9) of GS 42-42(a) to clarify that prior to leasing the premises, the landlord may obtain an inspection from a licensee under GS 106-65.24(15). Provides that the written inspection report serves as evidence of the landlord’s compliance with the inspection requirements of this subdivision. Declares that subdivision (9) and proposed GS 42-43.1 contain the sole and exclusive duties of a landlord relating to an infestation of bedbugs. Prohibits any other subsection of GS 42-42 from being construed to impose any duties or obligations on a landlord relating to an infestation of bedbugs.
Adds definitions for the following terms as used in proposed GS 42-43.1: (1) licensee has the same meaning as in GS 106-65.24(15), any person qualified for and holding a license for any phase of structural pest control and (2) neighboring units means immediately adjoining rental units that share a common wall or floor or ceiling with the premises.
Makes conforming changes, replacing the term licensed pest control company with licensee. Amends proposed GS 42-43.1 to confer responsibility on the landlord for contracting with a licensee to exterminate bedbugs if the landlord did not get an inspection from a licensee under GS 42-42(a)(9) and the tenant took initial possession of the premises less than 60 days (was, less than 30 days) before the landlord provided written notice of the inspection to the tenant. Also provides that if the landlord obtained an inspection from a licensee or at least 60 days (was, at least 30 days) have passed since the tenant took initial possession of the premises, it is the tenant’s responsibility to have the bedbugs on the premises exterminated.
Asserts that GS 42-42(a)(9), GS 42-43(a)(8), and proposed GS 42-43.1 comprise the sole and exclusive duties and responsibilities of North Carolina’s landlords and tenants relating to a bedbug infestation. Prohibits cities and municipalities from enacting or enforcing any law or ordinance that creates any additional duty or remedy for landlords or tenants relating to an infestation of bedbugs, except as provided in the specified statutes.
Makes organizational changes.
Effective October 1, 2011 (was, effective when it becomes law).
LANDLORD/TENANT/BEDBUG LIABILITY.
Printer-friendly: Click to view
| View NCGA Bill Details | 2011-2012 Session |
REQUIRING LANDLORDS AND TENANTS TO TAKE CERTAIN ACTIONS TO EXTERMINATE BEDBUGS IN DWELLING UNITS.Intro. by McCormick.
Bill History:
-
Wed, 6 Apr 2011 House: Filed
-
Thu, 7 Apr 2011 House: Passed 1st Reading
-
Thu, 7 Apr 2011 House: Ref To Com On Commerce and Job Development
-
Thu, 9 Jun 2011 House: Reptd Fav Com Substitute
-
Thu, 9 Jun 2011 House: Cal Pursuant Rule 36(b)
-
Thu, 9 Jun 2011 House: Placed On Cal For 6/9/2011
-
Thu, 9 Jun 2011 House: Passed 2nd & 3rd Reading
-
Fri, 10 Jun 2011 Senate: Rec From House
-
Fri, 10 Jun 2011 Senate: Passed 1st Reading
-
Fri, 10 Jun 2011 Senate: Ref To Com On Rules and Operations of the Senate
Bill Summaries:
-
Bill H 721 (2011-2012)Summary date: Jun 9 2011 - View Summary
-
Bill H 721 (2011-2012)Summary date: Apr 6 2011 - View Summary
Amends GS 42-42 to prohibit a landlord from offering for lease any premises that the landlord knows to be infested by bedbugs. Authorizes the landlord to obtain a certificate from a licensed pest control company certifying that the premises are free of bedbugs as conclusive evidence that the landlord is in compliance with this provision.
Adds new GS 42-43.1 to require a tenant to notify his or her landlord, in writing, within five days of suspecting the presence of any infestation of bedbugs. Specifies the conditions under which the landlord or the tenant is responsible for having the bedbugs exterminated. Specifies procedures the tenant must follow if tenant is responsible for the extermination of the bedbugs and provides that failure of the tenant to comply with the provisions is a breach of the tenant’s obligations under GS 42-43(a)(8), authorizing the landlord to take certain actions. Requires the tenant to pay all fees and damages associated with the extermination and to provide proof of extermination to the landlord if the tenant is responsible for the extermination. Provides that after a licensed pest control company has treated the premises and deemed the premises free of an infestation of bedbugs, the tenant is responsible for all subsequent infestations. If it is determined by a licensed pest control company that the source of the bedbugs is an adjacent unit, however, then the tenant in the source unit is responsible for the extermination of the bedbugs.
Makes conforming changes to GS 42-43.
Amends GS 42-51 to permit a landlord to also use a security deposit for possible damages due to a violation of the tenant’s obligation under GS 42-43(a)(8).