🐛 Colorado Bed Bug Inspection Notice

Colorado Bed Bug Inspection Notice — Complete Guide

Colorado’s bed bug law (HB19-1328, codified at C.R.S. § 38-12-1001 through § 38-12-1004) creates one of the most structured bed bug response frameworks in the United States. The statute sets strict deadlines for landlord inspections and treatment, establishes clear cost-allocation rules, and requires specific written notices at each stage of the process. This Bed Bug Inspection Notice is the second formal document in that sequence — served after a tenant reports a suspected infestation in writing.

The Colorado Bed Bug Response Timeline

Colorado’s statute creates a specific sequence of landlord obligations once a bed bug infestation is suspected:

When This Notice Is Required

Use this form whenever a tenant reports a suspected bed bug infestation in writing. Colorado law requires the landlord to respond with a formal inspection scheduled within the 96-hour window. The notice serves multiple purposes:

• Acknowledges receipt of the tenant’s report
• Schedules the professional inspection with a specific date and time
• Identifies the pest control company and inspector
• Documents tenant pre-inspection responsibilities
• Preserves evidence of statutory compliance if a dispute arises later

What Counts as a “Tenant Report”?

Colorado requires a written report from the tenant to start the 96-hour clock. Verbal complaints, while important to address, do not trigger the statutory deadlines. Acceptable forms of written report include:

• Email from tenant to landlord or property manager
• Text message describing the suspected infestation
• Written maintenance request through a tenant portal
• Formal letter or notice delivered to the landlord
• A maintenance request form submitted by the tenant

Landlord Obligations Under Colorado Law

1. Inspection Must Be Professional

The statute requires inspection by a qualified pest control professional — not the landlord personally, not a handyman, not a property manager. This is a critical requirement and a common compliance failure. Document the inspector’s name, company, and license number on this notice to preserve proof of compliance.

2. 96-Hour Window is Strict

The 96-hour clock includes weekends and holidays. If a tenant reports bed bugs on a Friday evening, the inspection must occur by Tuesday evening at the latest. Landlords cannot extend this deadline unilaterally — only the tenant can voluntarily agree to a later inspection, and that agreement should be documented in writing.

3. Written Results Required

Within 2 business days of the inspection, the landlord must provide written inspection results to the tenant. Use our Bed Bug Inspection Results Notice for this step.

4. Treatment Plan Required if Positive

If bed bugs are confirmed, the landlord must provide a written treatment plan within 5 business days. Use our Bed Bug Treatment Plan Notice for this step. Treatment must be performed by a licensed pest control professional.

Cost Allocation Rules

Under Colorado law, the landlord is generally responsible for bed bug treatment costs. However, the landlord may seek reimbursement from the tenant in specific circumstances:

• The tenant is proven to have caused or introduced the infestation
• The tenant failed to report the infestation within a reasonable time after discovery
• The tenant failed to cooperate with inspection or treatment
• The tenant interfered with treatment efforts or refused to prepare the unit

Tenant Cooperation Requirements

While the landlord bears most of the statutory burden, tenants also have specific obligations:

• Report promptly — failure to report timely can shift cost liability
• Cooperate with inspection — provide access at scheduled time
• Prepare the unit as directed by the pest control professional
• Avoid DIY treatment — self-treatment can make professional treatment less effective and may shift costs to the tenant
• Disclose exposure risk — recent travel, second-hand furniture, or visits to infested locations
• Follow through on treatment — multiple treatments may be required

Common Bed Bug Notice Mistakes

• Landlord self-inspection — the law requires a qualified professional, period
• Missing the 96-hour window — even by a few hours can expose you to claims
• Verbal-only communications — always document in writing
• No inspector documentation — name, company, license number all matter
• Inadequate treatment — partial or one-time treatment often fails; follow the professional’s full protocol
• Charging tenant before proving fault — reverse burden of proof, usually loses in court

Habitability and Retaliation Protections

Bed bug infestations implicate Colorado’s Warranty of Habitability. A unit with an active bed bug infestation may not be habitable until treated. Additionally:

• Landlords cannot retaliate against tenants for reporting bed bug issues
• Bed bug reports are a protected activity under Colorado’s retaliation statute
• Tenants have the right to pursue habitability remedies if landlords fail to inspect or treat
• Failure to comply may support a tenant’s rent withholding or repair-and-deduct claim

Practical Tips for Landlords

• Establish a relationship with a qualified pest control company before you need them — waiting until a tenant reports bed bugs to find an inspector makes the 96-hour deadline very hard to meet
• Keep templates ready — this notice, the inspection results notice, and the treatment plan notice should all be filled-in-ready, not drafted from scratch during an active crisis
• Require written reports in your lease — specify that bed bug reports must be in writing to start the process
• Document everything — dates, times, communications, photos, inspection reports
• Consider bed bug addenda at move-in that establish tenant responsibilities and education
• Investigate source — if one unit is infested, adjacent units may need inspection
• Don’t discriminate — bed bugs can affect any property regardless of cleanliness; treating tenants differently based on assumptions can create Fair Housing issues