The landlord’s duty
ORS 90.320(1) says a landlord “shall at all times during the tenancy maintain the dwelling unit in a habitable condition,” and lists what makes a unit unhabitable. Paragraph (f) is the one that covers bed bugs:
“Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;”
Read it twice. The whole premises must be vermin-free “at the time of the commencement of the rental agreement.” After that, the ongoing duty attaches to “all areas under control of the landlord” — hallways, laundry rooms, shared walls and voids, not the inside of your unit.
The tenant’s duty
“Keep all areas of the premises under control of the tenant in every part as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the condition of the premises permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem.” (ORS 90.325(1)(b))
How Legal Aid reads the two together
From Legal Aid Services of Oregon’s “Renter’s Handbook on Infestations” (April 2023), which defines “vermin” as “roaches, bedbugs, or other insects”:
- “The rental must not have any infestation at the time you move in.”
- “The landlord is responsible for extermination in any common area or areas within the landlord’s control.”
- “If you live in a single-family home ... then you are responsible for paying for an extermination if your house becomes infested, unless you can prove that the infestation was already there when you moved in.”
- “If you live in a multi-unit building or complex, and your unit is the only one with an infestation, then you are likely responsible for paying for an extermination.”
- Among a renter’s cooperation duties: “Disposing of or allowing heat treatment or sealing of belongings infested with bedbugs.”
What Oregon law does not have
No disclosure rule for prior infestations, no treatment deadline, no cost-splitting formula. The only Oregon statute that uses the word “bedbug” is ORS 192.582, which makes pest operators’ reports to public health authorities confidential — the location, the owner or renter, and “any information describing or pertaining to the infestation.” A “30-day disclosure” rule that circulates on tenant websites does not correspond to any statute we could find.
What this means in practice
The move-in date is the hinge. A tenant who finds bugs in week two has a strong position; one who finds them in year two in a detached house does not. In an apartment, whether neighbors have them is the question, and that is exactly what a professional inspection documents. Our report records what we found, where, and the life stages present, which is the evidence either side needs. How to put the landlord on notice →