What Are My Rights When My Utah Apartment Has Bed Bugs?
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
We moved into an apartment with an active bed bug infestation, and it was not cleaned properly. We have not been able to talk to the landlord yet, but we have gotten ahold of the maintenance worker. Because of the condition of the apartment, my ex-husband is saying our daughter will not be able to come home until it is all dealt with. I have documented the issue with photos, and we have already signed the lease. The landlord said the apartment had been cleaned and sprayed for bugs, but not specifically bed bugs. What rights or actions can I take at this point?
I have documented with photos and yes we have already signed the lease. The landlord said the apartment was cleaned and sprayed for bed bugs.
Attorney Answer
Because you did not cause the bed bug problem and it was already there when you moved in, Utah law treats this as a "deficient condition" you have a formal, written process to force your landlord to fix. Under the Utah Fit Premises Act, an owner has to provide a unit that is safe, sanitary, and fit to live in (Utah Code § 57-22-4), and a bed bug infestation you did not cause generally falls squarely within that duty.
Here is the process that gives you real leverage. Send your landlord, not just the maintenance worker, a written notice of deficient condition under Utah Code § 57-22-6. That notice needs to describe the bed bug problem, state that the landlord has three calendar days to substantially act on it, tell the landlord which remedy you are choosing, and give permission to enter and treat the unit. You get to pick one of two remedies in the notice itself:
Rent abatement: your rent stops as of the date of the notice, the lease ends, and the landlord has to immediately return your full deposit and any prepaid rent, and you would move out within 10 calendar days after the corrective period ends; or - Repair and deduct: you can hire pest control yourself and deduct what you paid from future rent, up to a cap of two months' rent, as long as you keep your receipts and give the landlord a copy.
If the landlord does not substantially act within those three calendar days after receiving proper written notice, you are entitled to whichever remedy you chose. Your photos are strong evidence, so keep them along with copies of any messages with the maintenance worker.
On your daughter, a parent generally cannot unilaterally withhold a child from scheduled parenting time just because they personally disapprove of the other home's conditions, unless there is a specific safety order in place. Getting this notice sent and documented quickly protects you on both fronts, since it shows you are actively addressing the infestation.
This is general legal information and not legal advice. A Utah landlord-tenant attorney or Utah Legal Services can review your lease and help you draft the notice correctly.
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- File or look up a case through the Utah State Courts, which serves the state.
- Get free civil legal help from Utah Legal Services.
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Frequently Asked Questions
Do I have to keep paying rent while the bed bugs are being treated?
If you choose the rent abatement remedy in your written notice and the landlord does not act within three calendar days, your rent stops as of the date of your notice and the lease ends. If you choose repair and deduct instead, you keep paying rent but can deduct verified pest control costs, up to two months' rent.
Does my notice have to go to the landlord directly, or is the maintenance worker enough?
It is safer to send the formal written notice to the landlord or property manager listed in your lease, since that is generally who is authorized to receive legal notices. Talking to maintenance alone may not start the clock on your legal remedy.
Can my ex-husband legally keep our daughter from coming to my home?
Not unilaterally, unless there is a specific court order or safety provision allowing it. Documenting that you are actively fixing the infestation can help if this becomes a parenting-time dispute.
