A bed bug disclosure form is a written notice a landlord gives a prospective or current tenant that documents whether the rental unit or building has any history of bed bug infestations. There is no federal requirement to use one, but a growing number of states and cities — including California, New York City, Arizona, Colorado, Maine, and Philadelphia — have passed their own disclosure mandates, each with its own format, content, and timing rules.1U.S. Environmental Protection Agency. State Bed Bug Laws and Regulations Getting the form wrong, or skipping it where it’s required, can expose a landlord to lease termination, damages, or administrative penalties.
Where the Disclosure Is Actually Required
Whether you need to provide a bed bug disclosure depends entirely on your state or city. The EPA maintains a compiled reference of state-level bed bug statutes that landlords can use to confirm whether their location imposes a disclosure obligation.1U.S. Environmental Protection Agency. State Bed Bug Laws and Regulations Some jurisdictions mandate a formal written notice with a prescribed format. Others require disclosure only when a prospective tenant asks, or only when adjacent units are actively infested.
Even in jurisdictions without a specific bed bug disclosure statute, the implied warranty of habitability can create an indirect obligation. Nearly every state requires landlords to provide livable housing, and most courts treat an active bed bug infestation as a habitability violation. A landlord who knowingly rents a unit with bed bugs risks liability regardless of whether a disclosure form is technically required. The safest practice is to check your state and local housing codes, then use whatever form your jurisdiction prescribes, or create a written disclosure if no official template exists.
What to Gather Before You Fill It Out
Pull your pest history records first. Most disclosure statutes require you to report infestations within a defined look-back period, and the length of that window varies. Some jurisdictions use a one-year look-back for the unit and the building; others use shorter windows. Philadelphia’s ordinance, for example, covers adjacent-unit infestations within 120 days. A few states require disclosure only of current infestations or only when the tenant asks. Check the statute that applies to your property so you know how far back to go.
At a minimum, you should have on hand:
- Dates of known infestations in the tenant’s unit, adjacent units, or common areas within the required look-back period.
- Inspection records from licensed pest control operators showing what was inspected, when, and what they found.
- Treatment details — the remediation method (heat treatment, chemical application, or both), the company that performed it, and whether follow-up inspections confirmed the infestation was eliminated.
- Current status, meaning whether the unit is free of bed bugs based on the most recent professional inspection.
If your building has multiple units, check service logs for the entire property. Infestations in adjacent units often trigger their own disclosure requirements, and bed bugs migrate easily between connected spaces. Incomplete or inaccurate records are one of the fastest ways to end up on the wrong side of a habitability claim. When in doubt, get a fresh professional inspection before leasing a unit.
Finding the Correct Form
The right form depends on where the property sits. Start with your city or county housing department’s website. Many municipalities that require bed bug disclosure publish an official template or specify the exact language the notice must contain. State consumer affairs bureaus and housing agencies are the next place to look. Regional apartment or landlord associations sometimes distribute standardized templates that incorporate the relevant statutory language, but verify that any template matches the current version of your local ordinance before using it.
Using an outdated or noncompliant form can be treated the same as failing to disclose at all. If your jurisdiction prescribes specific language or a specific format, use that version rather than a generic template found online. For landlords in jurisdictions without a mandated form, drafting a straightforward written notice that covers infestation history, treatment records, and current status satisfies the general obligation. The EPA’s landlord guidance page offers a starting framework for building-wide bed bug management plans, including tenant notification practices, even where no specific form is required.2U.S. Environmental Protection Agency. What Landlords Need to Know about Bed Bugs
Completing the Form Section by Section
The exact layout varies by jurisdiction, but most bed bug disclosure forms follow a similar structure.
Property and Tenant Identification
Fill in the property address, unit number, tenant name or names, and the date of the lease or the prospective lease signing. Some forms also ask for the landlord’s or property manager’s name and contact information. Double-check unit numbers. Disclosing the wrong unit’s history is functionally the same as not disclosing at all.
Infestation History
This is the core of the form. Most disclosures use checkboxes or yes/no fields to capture whether an infestation occurred within the look-back period. Typical options include:
- No history of bed bug infestation in the unit or building during the reporting period.
- The building had an infestation that was treated, with a field to specify the floor or area.
- The building had an infestation that was not treated.
- The specific unit had an infestation that was treated.
- The specific unit had an infestation that was not treated.
If an infestation occurred, describe the dates, the affected areas, and the treatment method in the space provided. Be specific. “Heat treatment performed by [company name] on [date]; follow-up inspection on [date] confirmed no activity” is far better than “treated for bugs.” If the form has a free-text “Other” field, use it for anything that doesn’t fit the checkboxes, such as an infestation in a common area like a laundry room. Attaching copies of professional inspection reports strengthens the disclosure and gives the tenant something concrete to review.
Signatures and Date
Both the landlord (or property manager) and the tenant should sign and date the form. The landlord’s signature certifies that the information is accurate to the best of their knowledge. The tenant’s signature confirms they received and reviewed the disclosure. If a tenant refuses to sign, note the refusal on the form with the date, time, and a witness signature if possible. That documentation shows you made the attempt.
Delivering the Disclosure to the Tenant
Timing matters more than people expect. Most jurisdictions that require a bed bug disclosure specify that it must be delivered before or at the time the lease is signed. Handing it over after the tenant has moved in or executed the lease defeats the purpose and can constitute a violation of the local housing code. Treat it like any other pre-lease disclosure; it goes in the stack of documents the tenant reviews before committing.
Acceptable delivery methods generally include:
- In person, handing the form to the tenant during the lease signing and collecting the acknowledgment signature on the spot.
- Certified mail with a return receipt, which creates a verifiable record of delivery when the parties aren’t meeting face-to-face.
- Electronic delivery through a platform that generates a time-stamped record of when the tenant opened and acknowledged the document. Electronic signatures carry the same legal weight as handwritten ones in most states under the Uniform Electronic Transactions Act, though you should confirm your jurisdiction doesn’t carve out an exception for housing disclosures.
After delivery, keep a signed copy in the tenant’s file for the entire tenancy and for several years afterward. Some jurisdictions set a specific retention period; where none is specified, holding records for at least three to five years after the lease ends is standard practice. These files protect you during housing authority audits and if the building changes ownership.
What Happens If a Landlord Doesn’t Disclose
Consequences depend on local law, but they tend to fall into a few categories. In some cities, a tenant who receives no disclosure, or one the landlord knew was false, can terminate the lease on written notice and recover their security deposit and prepaid rent. Other jurisdictions allow tenants to pursue actual damages, and some authorize punitive damages for intentional concealment. Penalties increase significantly when a pattern of nondisclosure affects multiple tenants in the same building.
Even without a specific disclosure statute, tenants have broader legal avenues. A habitability claim based on an undisclosed infestation can support rent withholding or repair-and-deduct remedies in states that allow them. Many states also require the tenant to notify the landlord in writing within 24 to 48 hours of discovering bed bugs and cooperate with extermination efforts before pursuing legal remedies.2U.S. Environmental Protection Agency. What Landlords Need to Know about Bed Bugs
Obligations That Continue After Signing
Filing the disclosure once does not end the landlord’s responsibilities. If a new infestation occurs during the tenancy, most jurisdictions require the landlord to act promptly: inspect the unit, hire a licensed exterminator, and notify affected tenants of the findings and treatment plan. Some cities also impose annual reporting requirements for multi-unit buildings, where the property owner must file a summary of the year’s infestation data with the local housing agency and either distribute the filing receipt to tenants or post it in a common area.
When a lease renews, check whether your jurisdiction requires a fresh disclosure. Several do, meaning you need to provide an updated form reflecting any infestations that occurred since the last one was signed. Keeping pest control records current and organized makes renewal disclosures straightforward and keeps the ongoing obligation from turning into a dispute.