Ohio Residential Lease Agreement: Fill & Download for Free

Step 1: Figure Out What License You Need For Your StateAs you see below, you’ll first need to identify a number things like license type, availability, etc. To do this you’ll need to visit your state’s department of Alcohol Beverage Control (ABC), which can provide you with all of the relevant data for a liquor license. Here are a few of the popular state sites:State Alcohol Beverage Control (ABC) BoardsNew York CityLiquor LicenseNew York State Liquor Authority(518) 474-3114317 Lenox Ave.4th FloorNew York, NY 10027IndianaLiquor LicenseAlcohol and Tobacco Commission(317) 232-2430Indiana Government Ctr. South302 W. Washington St., Rm. E-114Indianapolis, IN 46204OhioLiquor LicenseOhio Department of Commerce Division Of Liquor Control(614) 644-24116606 Tussing RoadReynoldsburg, Ohio 43068-9005CaliforniaLiquor LicenseCalifornia Department of Alcoholic Beverage Control(916) 419-25003927 Lennane Drive, Suite 100Sacramento, CA 95834TexasLiquor LicenseTexas Alcoholic Beverage Commission(512) 206-33605806 Mesa DrAustin, Texas 78731FloridaLiquor LicenseFlorida Department of Professional Business Regulations Division of Alcoholic Beverages and Tobacco(850) 487-13952601 Blair Stone RoadTallahassee, FL 32399IllinoisLiquor LicenseIllinois Liquor Control Commission(312) 814-2206100 West Randolph StreetSuite #5-300Chicago, IL 60601Your state’s ABC board will know exactly what is required for each business to sell liquor and be properly licensed. It will be able to tell you which license(s) you need and how much they will cost.While license types vary significantly among states, the type of license you’ll need typically depends on your answers to the following questions:What kind of establishment are you? (e.g. bar, restaurant, hotel, etc)Does drinking happen off premises (retail) or on premises (bar, restaurant)?What kind of alcohol do you sell?Are customers bringing their own alcohol (BYOB), or will you store and serve the alcohol?What hours do you sell? (the later you stay open, generally the more expensive the permit)Will you sell on Sundays? (Some states like Ohio charge an extra fee for Sunday sales)Do you manufacture, distribute, or sell alcohol, or any combo of the three?Determine Permit AvailabilityMany states and localities have a limited number of liquor licenses. They are already pushing their license limits and have few, if any, new liquor licenses available. You may have to check availability at the state, county, or city level depending on which state you are located in. This includes making sure the area you’re targeting is a “wet” location (alcohol sales are allowed) and not a “dry” location (alcohol sales are prohibited).The ABC board or possibly your local county or city can give you information on availability limitations and whether or not there are any of your class of liquor licenses available. They can also explain how new requests are handled, which also varies by state. For example, California holds a lottery in some parts of the state if there are more applicants than available licenses.You May Need to Buy From an Existing BusinessEven if your county is all full and there are no new liquor licenses, there may be other ways to attain a liquor license. In many cases, other businesses in the area will be looking to sell their license. Your state’s ABC often tracks that and can inform you of those options. For instance Illinois makes contact information available for all existing licensees.Buying an existing liquor license or a business with an existing license requires many of the same steps as if you were buying a new liquor license. You still must go through the same application process as a new liquor license. However, you can apply for a temporary permit that will allow for continued operation while your application is being processed, usually 120 days. Fees tend to be lower for a transfer than a brand new license.You can read more here regarding buying a business in general.Step 2: Prepare for Application ProcessRegardless of whether you are getting a new license or buying one from another business, the next step is to make sure you have all your ducks in a row before you actually file your application. Properly preparing for the application process can save you months in processing time.One of the main ways to speed up your application for a liquor license is to make sure all your general business licenses and documents are in order.Here are some examples of the elements you should have in order before you file for your liquor license:Employer Identification Number – Apply at IRS.GovZoning permit – Check with your local zoning commission (contact info on state website)Business License (Can also be at multiple levels of government depending on what you sell) – Check with local small business commissionSales Tax Permit – Apply Online via your State’s WebsiteAlcohol Tax Permit (sometimes included in sales tax form) – Get in-touch with your state’s business taxation departmentFood handler’s permit (if you are selling food) – Check with your state’s health commissionBuilding permit – Check with your local zoning commission (contact info on state website)Signage permit – Check with your local zoning commision (contact info on state website)Health permit – Check with your State Health CommissionMusic license (if you are going to be playing copyrighted music) – Available from a variety of online companies, including License Suite.If you do not have all of these things figured out, your liquor application will be put on hold until you do.If you’ve been in business awhile, you should also make sure you are up-to-date on all tax payments. If you are behind on your taxes, the state will not look favorably on your liquor license.According to James Henry Dunne, Professor of Hospitality Studies, NYIT School of Management,“During the start-up phase the application for a liquor license should be submitted as soon as is feasible, since license approval takes two to three months, or more. Also, since a fully executed lease agreement (or deed/proof of ownership of the real property where the license will be used) is also required along with your license application (along with many other requirements), start-up operators are faced with the stressful predicament of signing a lease before being approved for a license. Since this is clearly a danger, start-ups should seek concessions from the landlord, if the landlord is agreeable (reduced or free-rent during building renovations — or until license approved — or an Escape Clause providing an exit for the leaseholder if license not approved).”Step 3: File Your Application with the ABC BoardOnce you have your prep work done, it’s time to actually file your application with your state’s ABC Board. This is generally done via a mail-in form that you can print from your state government website. When we reviewed a sample of state government sites, none of them provided a way to apply online.What to Include With Your ApplicationIn most cases, there are additional items that need to be included with your application in addition to the government-provided forms (using Ohio’s requirements as an example):Processing fee – Nearly every state has a non-refundable processing fee. Some are just deposits against the license fee. Ohio charges a $50-100 processing fee depending on the type of permit you need.Background check forms – A background check will be performed at least on the business owner and sometimes also on the top 5 officers of a corporation and possibly even the landlord (if landlord is making a commission on alcohol sales).Fingerprint(s) – Some states, like Ohio for example, require fingerprints for the background checkSigned Lease Agreement – You will need to provide a signed lease agreement of your business location and take into account the time between signing the lease agreement and the potential months before getting your liquor licenseFinancial Verification Sheet – Some permits depend on how much expected alcohol income your business will have.Certificate of Good Standing from the Secretary of State – This is a certificate that your corporation or LLC is complying with state regulations such as taxes and corporate filings. Partnerships and sole proprietorships normally don’t have certificates of good standing, but you’ll have a Doing Business As (d/b/a) fictitious name certificate if you operate under a name that’s different from your legal name.Copy of food handler’s permit or license – This certifies that your food operations are in good standing with the state, county, or city.Other applicable licenses/formsThe Approval ProcessOnce you send in the your form, the approval process varies for each state. As we discuss further below, it can take 5-6 months to get your license. For reference, here is an example of what happens in Ohio once you submit your application:Application is logged into the system and sent to local legislative bodies and authorities in the areaThe ABC board will work with local officials to determine wet/dry status and whether or not any new licenses are availableThe ABC board works with the Ohio Bureau of Investigation to process background checks (generally looking for criminal record)A Division Compliance Officer will come do a physical check of your premises, also noting what schools, churches, etc. are within 500 feet of your location (they will then be notified and have 30 days to object). If your business is not in operation or does not pass inspection you’ll need rectify the issue, assuming you can, and then request that the compliance officer recheck your establishment.Public Hearing is conducted if any complaints were filed.If no complaints were filed or complaints were resolved, then your application should be accepted and the permit issued to you within 4-8 months.Other Things to Know Before Applying for a Liquor LicenseBefore heading into the licensing process there are few things you should probably be aware of.1. Zoning Laws for Your BusinessOf course, your building has to be zoned commercially. But, there are often other restrictions as well, regarding proximity to local schools, churches, and other similar establishments.For example, to obtain a California liquor license you need to contact a city or county zoning department to see if a zoning permit is needed. If so, you’ll need to prepare and file a zoning application locally, which includes specialized maps, research, notification of local residents of your application, and preparation of a written application. You may need a public hearing and answer any questions raised by local community groups or neighbors. Only after you’ve got the appropriate zoning permit can you apply for a California liquor license. Other states have similar processes.2. Liquor License AvailabilityLiquor licenses are highly regulated and each county has license quotas, many of which are already maxed out. In Indiana, for example, 98% of residential areas are at their liquor license capacities (see Step 1 above for info on finding out your county limits).3. BYOB Restaurants/Businesses Have to Be LicensedSome people mistakenly believe that BYOB businesses do not require liquor licensing. That is simply false. Although there may be a different class of license since you’re not storing the liquor on premises, a license is still required because you’re serving the liquor and it’s being consumed at your location.4. How Long it Takes to Get a Liquor LicenseYou better be planning ahead because the liquor licensing process is not quick. Factor in at minimum a 5-6 month buffer between sending in your application and when you plan to open.The licensing process is complicated. It is rare that you just send in your application and everything is good to go. In most cases, there are multiple correspondences back and forth requesting various documents and confirming information. It is an in-depth and ongoing process that takes time.5. Other Details You Need to Be Prepared ForLocal businesses within a certain distance of your proposed location often have the right to file an objection. You often need to be of a certain age or a U.S. citizen. For many states, liquor licenses are accompanied with very specific restrictions on when you can sell alcohol such as time of day, which days, or the required food percentage of volume that you sell in addition to alcohol.Renewing Your LicenseGenerally, the term or length of your liquor license is 1-3 years, but it depends on your state and local regulations. There is no automatic guarantee that your license will be renewed, particularly if you have had issues or been reported for serving to minors. But, if you have operated reputably and have not had any major complaints, then you should be able to renew your license fairly easily. Depending on your state, the renewal fee may be similar to or significantly less than your original fee. For example, in California, a new license is around $14,000, but the annual renewal fee is $876.Bottom Line on Liquor LicensingGetting a liquor license is a pretty extensive process, and at the end of the day there is no guarantee you will even get a license. But, the only way to find out what you are up against is to get into the process and start digging around.Curious to know if you need to protect your business against alcohol-related damages or injury? Click here to learn everything you need to know about liquor liability insurance.If you need assistance with the document preparation for your licence, check out LawTrades. They are an online legal service provider with a team of experienced attorneys who will prepare and review your application for you.Source: Liquor License Costs + How to Get One in 3 Steps

Liquor license costs range anywhere from $300 to $14,000 and can take 5-6 months to process, depending on state, county, local and even federal licensing requirements, as well as application and processing time and fees. In New York, for example, license and filing fees total $4,552, while California new license and processing fees total $13,900.Applying for a liquor license can be arduous and you may need to consult an attorney to assist you. We recommend LawTrades, an online legal service provider that will match you with an experienced attorney. Plans start at just $50 a month and you get your first month free.Below are the liquor licensing costs and license types for several example states. In an attempt to compare apples to apples, the license type is a restaurant that wants to sell beer, wine, and liquor until approximately 2 am in a major metropolitan area.Liquor License Fees by StateNew York City Liquor LicenseSingle establishment retail on-premises license for liquor, wine, beer, cider$4,352 license fee$200 filing fee$4,552Indiana Liquor LicenseBeer, wine, and liquor license$1,000 license fee$1,000Ohio Liquor LicenseRestaurant on-premises liquor license for beer, wine, and liquor$2,344 license fee$100 processing fee$2,444California Liquor LicenseRestaurant liquor license for on-premises beer, wine, and liquor$13,800 license fee$100 processing fee$13,900Texas Liquor LicenseRestaurant on-premises beer, wine, and liquor license$6,000 liquor license fee$602 liquor license surcharge$300 late hours permit$327 late hours surcharge$7,229Florida Liquor LicenseRestaurant beer, wine, and liquor on-premises sales$1,820 license fee$1,820Chicago Liquor LicenseRetail on-premises liquor license$750 Illinois license fee$4,440 Chicago license fee$5,190These are only a few specific examples and may not include additional fees incurred such as local licenses required. Make sure to check your state government website to find the rates for your local area.Now that you know how much a liquor license costs, let’s look at the 3 steps involved in getting a liquor license:Step 1: Figure Out What License You Need For Your StateAs you see below, you’ll first need to identify a number things like license type, availability, etc. To do this you’ll need to visit your state’s department of Alcohol Beverage Control (ABC), which can provide you with all of the relevant data for a liquor license. Here are a few of the popular state sites:State Alcohol Beverage Control (ABC) BoardsNew York CityLiquor LicenseNew York State Liquor Authority(518) 474-3114317 Lenox Ave.4th FloorNew York, NY 10027IndianaLiquor LicenseAlcohol and Tobacco Commission(317) 232-2430Indiana Government Ctr. South302 W. Washington St., Rm. E-114Indianapolis, IN 46204OhioLiquor LicenseOhio Department of Commerce Division Of Liquor Control(614) 644-24116606 Tussing RoadReynoldsburg, Ohio 43068-9005CaliforniaLiquor LicenseCalifornia Department of Alcoholic Beverage Control(916) 419-25003927 Lennane Drive, Suite 100Sacramento, CA 95834TexasLiquor LicenseTexas Alcoholic Beverage Commission(512) 206-33605806 Mesa DrAustin, Texas 78731FloridaLiquor LicenseFlorida Department of Professional Business Regulations Division of Alcoholic Beverages and Tobacco(850) 487-13952601 Blair Stone RoadTallahassee, FL 32399IllinoisLiquor LicenseIllinois Liquor Control Commission(312) 814-2206100 West Randolph StreetSuite #5-300Chicago, IL 60601Your state’s ABC board will know exactly what is required for each business to sell liquor and be properly licensed. It will be able to tell you which license(s) you need and how much they will cost.While license types vary significantly among states, the type of license you’ll need typically depends on your answers to the following questions:What kind of establishment are you? (e.g. bar, restaurant, hotel, etc)Does drinking happen off premises (retail) or on premises (bar, restaurant)?What kind of alcohol do you sell?Are customers bringing their own alcohol (BYOB), or will you store and serve the alcohol?What hours do you sell? (the later you stay open, generally the more expensive the permit)Will you sell on Sundays? (Some states like Ohio charge an extra fee for Sunday sales)Do you manufacture, distribute, or sell alcohol, or any combo of the three?Determine Permit AvailabilityMany states and localities have a limited number of liquor licenses. They are already pushing their license limits and have few, if any, new liquor licenses available. You may have to check availability at the state, county, or city level depending on which state you are located in. This includes making sure the area you’re targeting is a “wet” location (alcohol sales are allowed) and not a “dry” location (alcohol sales are prohibited).The ABC board or possibly your local county or city can give you information on availability limitations and whether or not there are any of your class of liquor licenses available. They can also explain how new requests are handled, which also varies by state. For example, California holds a lottery in some parts of the state if there are more applicants than available licenses.You May Need to Buy From an Existing BusinessEven if your county is all full and there are no new liquor licenses, there may be other ways to attain a liquor license. In many cases, other businesses in the area will be looking to sell their license. Your state’s ABC often tracks that and can inform you of those options. For instance Illinois makes contact information available for all existing licensees.Buying an existing liquor license or a business with an existing license requires many of the same steps as if you were buying a new liquor license. You still must go through the same application process as a new liquor license. However, you can apply for a temporary permit that will allow for continued operation while your application is being processed, usually 120 days. Fees tend to be lower for a transfer than a brand new license.You can read more here regarding buying a business in general.Step 2: Prepare for Application ProcessRegardless of whether you are getting a new license or buying one from another business, the next step is to make sure you have all your ducks in a row before you actually file your application. Properly preparing for the application process can save you months in processing time.One of the main ways to speed up your application for a liquor license is to make sure all your general business licenses and documents are in order.Here are some examples of the elements you should have in order before you file for your liquor license:Employer Identification Number – Apply at IRS.GovZoning permit – Check with your local zoning commission (contact info on state website)Business License (Can also be at multiple levels of government depending on what you sell) – Check with local small business commissionSales Tax Permit – Apply Online via your State’s WebsiteAlcohol Tax Permit (sometimes included in sales tax form) – Get in-touch with your state’s business taxation departmentFood handler’s permit (if you are selling food) – Check with your state’s health commissionBuilding permit – Check with your local zoning commission (contact info on state website)Signage permit – Check with your local zoning commision (contact info on state website)Health permit – Check with your State Health CommissionMusic license (if you are going to be playing copyrighted music) – Available from a variety of online companies, including License Suite.If you do not have all of these things figured out, your liquor application will be put on hold until you do.If you’ve been in business awhile, you should also make sure you are up-to-date on all tax payments. If you are behind on your taxes, the state will not look favorably on your liquor license.According to James Henry Dunne, Professor of Hospitality Studies, NYIT School of Management,“During the start-up phase the application for a liquor license should be submitted as soon as is feasible, since license approval takes two to three months, or more. Also, since a fully executed lease agreement (or deed/proof of ownership of the real property where the license will be used) is also required along with your license application (along with many other requirements), start-up operators are faced with the stressful predicament of signing a lease before being approved for a license. Since this is clearly a danger, start-ups should seek concessions from the landlord, if the landlord is agreeable (reduced or free-rent during building renovations — or until license approved — or an Escape Clause providing an exit for the leaseholder if license not approved).”Step 3: File Your Application with the ABC BoardOnce you have your prep work done, it’s time to actually file your application with your state’s ABC Board. This is generally done via a mail-in form that you can print from your state government website. When we reviewed a sample of state government sites, none of them provided a way to apply online.What to Include With Your ApplicationIn most cases, there are additional items that need to be included with your application in addition to the government-provided forms (using Ohio’s requirements as an example):Processing fee – Nearly every state has a non-refundable processing fee. Some are just deposits against the license fee. Ohio charges a $50-100 processing fee depending on the type of permit you need.Background check forms – A background check will be performed at least on the business owner and sometimes also on the top 5 officers of a corporation and possibly even the landlord (if landlord is making a commission on alcohol sales).Fingerprint(s) – Some states, like Ohio for example, require fingerprints for the background checkSigned Lease Agreement – You will need to provide a signed lease agreement of your business location and take into account the time between signing the lease agreement and the potential months before getting your liquor licenseFinancial Verification Sheet – Some permits depend on how much expected alcohol income your business will have.Certificate of Good Standing from the Secretary of State – This is a certificate that your corporation or LLC is complying with state regulations such as taxes and corporate filings. Partnerships and sole proprietorships normally don’t have certificates of good standing, but you’ll have a Doing Business As (d/b/a) fictitious name certificate if you operate under a name that’s different from your legal name.Copy of food handler’s permit or license – This certifies that your food operations are in good standing with the state, county, or city.Other applicable licenses/formsThe Approval ProcessOnce you send in the your form, the approval process varies for each state. As we discuss further below, it can take 5-6 months to get your license. For reference, here is an example of what happens in Ohio once you submit your application:Application is logged into the system and sent to local legislative bodies and authorities in the areaThe ABC board will work with local officials to determine wet/dry status and whether or not any new licenses are availableThe ABC board works with the Ohio Bureau of Investigation to process background checks (generally looking for criminal record)A Division Compliance Officer will come do a physical check of your premises, also noting what schools, churches, etc. are within 500 feet of your location (they will then be notified and have 30 days to object). If your business is not in operation or does not pass inspection you’ll need rectify the issue, assuming you can, and then request that the compliance officer recheck your establishment.Public Hearing is conducted if any complaints were filed.If no complaints were filed or complaints were resolved, then your application should be accepted and the permit issued to you within 4-8 months.Other Things to Know Before Applying for a Liquor LicenseBefore heading into the licensing process there are few things you should probably be aware of.1. Zoning Laws for Your BusinessOf course, your building has to be zoned commercially. But, there are often other restrictions as well, regarding proximity to local schools, churches, and other similar establishments.For example, to obtain a California liquor license you need to contact a city or county zoning department to see if a zoning permit is needed. If so, you’ll need to prepare and file a zoning application locally, which includes specialized maps, research, notification of local residents of your application, and preparation of a written application. You may need a public hearing and answer any questions raised by local community groups or neighbors. Only after you’ve got the appropriate zoning permit can you apply for a California liquor license. Other states have similar processes.2. Liquor License AvailabilityLiquor licenses are highly regulated and each county has license quotas, many of which are already maxed out. In Indiana, for example, 98% of residential areas are at their liquor license capacities (see Step 1 above for info on finding out your county limits).3. BYOB Restaurants/Businesses Have to Be LicensedSome people mistakenly believe that BYOB businesses do not require liquor licensing. That is simply false. Although there may be a different class of license since you’re not storing the liquor on premises, a license is still required because you’re serving the liquor and it’s being consumed at your location.4. How Long it Takes to Get a Liquor LicenseYou better be planning ahead because the liquor licensing process is not quick. Factor in at minimum a 5-6 month buffer between sending in your application and when you plan to open.The licensing process is complicated. It is rare that you just send in your application and everything is good to go. In most cases, there are multiple correspondences back and forth requesting various documents and confirming information. It is an in-depth and ongoing process that takes time.5. Other Details You Need to Be Prepared ForLocal businesses within a certain distance of your proposed location often have the right to file an objection. You often need to be of a certain age or a U.S. citizen. For many states, liquor licenses are accompanied with very specific restrictions on when you can sell alcohol such as time of day, which days, or the required food percentage of volume that you sell in addition to alcohol.Renewing Your LicenseGenerally, the term or length of your liquor license is 1-3 years, but it depends on your state and local regulations. There is no automatic guarantee that your license will be renewed, particularly if you have had issues or been reported for serving to minors. But, if you have operated reputably and have not had any major complaints, then you should be able to renew your license fairly easily. Depending on your state, the renewal fee may be similar to or significantly less than your original fee. For example, in California, a new license is around $14,000, but the annual renewal fee is $876.Bottom Line on Liquor LicensingGetting a liquor license is a pretty extensive process, and at the end of the day there is no guarantee you will even get a license. But, the only way to find out what you are up against is to get into the process and start digging around.Curious to know if you need to protect your business against alcohol-related damages or injury? Click here to learn everything you need to know about liquor liability insurance.If you need assistance with the document preparation for your licence, check out LawTrades. They are an online legal service provider with a team of experienced attorneys who will prepare and review your application for you.

Every state and or municipality has different landlord tenant laws. Some are just slight variations others are pretty different. I can only speak to Cleveland, Ohio as that is where all of my properties are located. Keep that in mind when reading through my answer.Ohio law is somewhat ambiguous as it gives both the landlord and the tenant the same or very similar obligation of keeping the unit in a fit and habitable condition and safe and sanitary.5321.04 Landlord obligations.(2) Make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition;(3) Keep all common areas of the premises in a safe and sanitary condition5321.05 Tenant obligations.(1) Keep that part of the premises that he occupies and uses safe and sanitary;(2) Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary manner;(1) If the tenant violates any provision of this section, other than division (A)(9) of this section, the landlord may recover any actual damages that result from the violation together with reasonable attorney's fees. This remedy is in addition to any right of the landlord to terminate the rental agreement, to maintain an action for the possession of the premises, or to obtain injunctive relief to compel access under division (B) of this section.In the past we have had rental units that the tenants brought bed bugs into. As the landlord we paid to have them exterminated by a 3rd party company. After the extermination it was clear that the infestation was caused by a particular tenant we would then charge that tenant. If the tenant did not pay we evicted. To date we have not lost an eviction case in relation to bed bugs or any other pest infestation.The city of Cleveland and surrounding suburbs take Ohio law a step further with local ordinances. He is an insightful interview with a Cleveland magistrate.Landlords, Tenants & Bed BugsBed Bugs are in a rental house or unit, and the question everybody asks…“WE HAVE BED BUGS, WHO PAYS?”Pest Police attended a Bed Bug Conference on November 5, 2015 hosted by the Cuyahoga County Bed Bug Task Force. The topic of Bed Bug Liability is serious business and important to all of us. Tackling this topic for us was Magistrate Sandra Lewis of the city of Cleveland Municipal Courts.According to Lewis, “it depends,” was her response and she smiled knowing that’s not the answer we as Pest Control Professionals and Property Managers wanted to hear. Both landlords and tenants have responsibilities. Magistrate Lewis explained and cited some specific facts.Landlord ResponsibilitiesShe explained that Cleveland and many greater Cleveland suburbs have an ordinance similar to Cleveland’s ord.369.17 reads like this: All Dwellings must be free of breeding, harborage, and infestation of insects, vermin, and/or rodents.She also added that Ohio law requires landlords to comply to with state and local laws, to provide…fit and habitable housing that is…safe and sanitary and that the landlord has done what is/was…“Reasonably Necessary” to accomplish this.Tenant ResponsibilitiesMaintain the premise in a safe and sanitary mannerDispose of rubbishComply with state and local lawsShe also cited the case, Anderson v. Ballard (2010), where the living conditions must NOT be “unconscionable.”She described the Implied Warranty of Habitability which hinges upon 3 criteria:• Residential Lease • Statutory Obligations • They May NOT be WaivedSo, WHO PAYS?Generally speaking, the Landlord pays for extermination.Magistrate Lewis also said that so many cases brought to the court will be very “fact specific” and may reveal that the Tenant is responsible. Many questions need to be considered such as:– Was there an inspection before occupancy?– Is the Landlord keeping records, a history of professional extermination/professional inspections?– How soon after occupancy were Bed Bugs discovered?In NYC, Landlords must provide a 1-year history of records to new tenants of Bed Bug inspections and/or treatments. They must also provide records of adjacent tenants and records of previous tenants.She conveyed that they have a great model for landlords to follow to protect their interest.If the dispute is not resolved between Landlord and Tenant, the eventual Mediation or Trial will rely heavily on fact-finding, referring back to records.Landlords and Tenants need to…Report the Bed Bug issue in a timely mannerGet Professional InspectionsGet Professional Treatments – Do-It-Yourselfers will likely be at-fault for exacerbating the problem or for “failing to mitigate” the problem, as she mentioned more than once in Bed Bug liability cases.Also, Landlords may win in a lawsuit if a tenant fails to comply with preparation and treatment required by professional pest control technicians. TENANTS MUST COMPLY.This is great news for Landlords when there are complaints by the tenant for action, and then they refuse to clean up and de-clutter before extermination.“Can I be evicted for failing to cooperate with extermination protocol?”She answered without delay, “YES!” in a resounding manner.Lastly, if tenants fail to get educated on proper Bed Bug resolution and takes unreasonable or drastic measures such as throwing away furniture or using ineffective drug-store solutions, they have failed to mitigate the problem logically. Tenants are likely to be responsible for repayment of Bed Bug expenses to the Landlord under these circumstances. She referred to the case of Spring Hill Townhomes v. Melissa Pounds (2014) for this example.See below for more information about bed bugs:Identifying Bed Bugs• Bed bugs are small, flat, oval, reddish-brown, wingless insects that feed primarily on the blood of humans.• Adult bed bugs are approximately ¼ inch long, about the size of an apple seed. Young bed bugs (nymphs) are quite small and when unfed they appear lighter and almost clear in color.• Bed bugs do not fly or jump. However, they can crawl very fast.Bed Bug Bites• Bed bugs bites often occur on the arms, shoulders, neck and legs.• The bite can usually be seen as a red bump, up to a centimeter in size and without a red puncture mark in the middle.• The bites may occur in lines or as a cluster of three or four.• The bite may appear within hours or delayed up to a week.• Bed bugs are primarily a nuisance to humans and are not known to transmit disease. Some people have no reaction to bites while other people may experience itchiness and irritation. Try to avoid scratching bites. Questions about bite marks should be directed to a medical provider.Signs of a Bed Bug InfestationUsually the first sign of a bed bug infestation is the appearance of red itchy welts on any bare skin that is exposed while sleeping. Next, look for small black or rusty-colored spots on bed linens, pillows, or mattress. These are blood spots and bed bug droppings. Also, look for live bed bugs, eggs, and cast skins.Inspecting for Bed BugsBed bugs hide close to where people sleep. They prefer fabric, wood, and paper surfaces over metal or plastic. Look for live bed bugs, eggs, cast skins, and blood or fecal spots in these locations: mattresses, box springs, head boards, bed frames, upholstered furniture, recliners, baseboards, behind pictures, under loose wallpaper, draperies, electrical outlets, telephones, radios, televisions, stacks of books, piles of papers, back packs, luggage, futons, gym bags, draperies & curtains, stuffed animals, hollow furniture legs, door frames & hinges, wall / ceiling junction.Treating Bed Bug InfestationsComplete elimination of a bed bug infestation can be a difficult process and may require the services of a knowledgeable and licensed pest control operator. It may take several treatments to gain control over an infestation. If a “do-it-yourself” method is chosen, only use pesticide products that are labeled to kill bed bugs. Remember to always read and follow the label directions before applying any pesticide product. Here are some additional tips to help eliminate bed bugs.• Reduce and eliminate clutter. Don’t keep piles of clothes, boxes, toys, shoes, etc. on the floor, under the bed, or in closets. They are prime hiding places for bed bugs.• Wash infested bedding and clothing in hot water and then dry on a hot setting for at least 30 minutes.• Encase an infested mattress and box spring in a zippered cover that is labeled and certified “bed bug proof”. Leave the covers on for at least one full year.• Vacuum bedrooms thoroughly and often. Pay particular attention to the area around the bed and the bed itself. Place the vacuum cleaner bag or contents in a zip-lock plastic bag and discard it in the trash outside.• Getting rid of bed bugs is a cooperative effort. Follow all recommended preparation guidelines provided by the pest control company prior to each treatment.• Pesticides labeled to kill bed bugs are available over the counter and may provide effective control. However, if the problem persists or is heavily entrenched, contact a knowledgeable, experienced, and licensed pest management professional for assistance.• Since bed bugs are difficult to control, plan on several extensive treatments to eliminate an infestation.• DO NOT USE “Bug Bombs”. These products may kill on contact but they are ineffective against hidden bed bugs. They may make the infestation worse by scattering the bugs throughout the home or apartment.• If an infestation is suspected in a rental unit, contact the building manager or landlord about the problem. Property owners should contact a professional pest control company for advice and assistance. The Cuyahoga County Board of Health (at (216) 201-2000) is also available to assist.Preventing Future Infestations of Bed Bugs• Do not bring discarded bed frames, mattresses, box springs, or upholstered furniture into the home.• Carefully inspect used or rented furniture prior to bringing it into the home.• When traveling, inspect the bed, headboard, and furniture upon arrival. Keep suitcases off the floor and bed and inspect them before leaving. Wash and dry all clothing thoroughly after returning home.• Caulk and seal any cracks and crevices throughout the home, especially in rooms where people sleep.• Be careful of who stays overnight or sleeps at the house.Bed Bugs in Nursing HomesAlthough no residence is safe, certain populations are particularly prone to bed bug infestations. A troublingly high incidence of bed bug infestations has been reported in nursing homes throughout the country.Bed bug infestations are a concern for many seniors living in senior housing. Seniors living in a nursing home may be exposed to bed bugs through shared laundry facilities or common sitting areas, or by staying in a room near someone who may have bed bugs.Bed bugs are attracted to heat and chemicals emitted by humans and survive on human blood. Therefore, nursing homes act as a breeding ground for bed bugs due to the high rate of residents, staff and family members moving about the facility. Furthermore, residents stay in bed for prolonged periods of time and live in close proximity, making it easy for bed bugs to survive.Recommendations for Residents in Senior Housing• Keep any living space clutter-free. Clutter provides great hiding spots for bed bugs.• Bites that appear after sleeping may be an indication that bed bugs are present, even if they do not itch.• Report a bed bug infestation to the property manager or facility administrator within 24 hours of the pest sighting.• Do not attempt to control a bed bug infestation alone. Never self treat with pesticides, especially “bug bombs”, which drive bed bugs into adjacent rooms or units.• Do not remove anything from an infested room until after the room is treated by a pest management professional (PMP).• Cooperate fully with the recommendations provided by the PMP to prepare rooms for bed bug inspection and treatment. Ask the property manager or administration for help if there are preparation steps that cannot be accomplished alone, such as disassembling or moving furniture. Disabled and elderly individuals should request assistance with preparation.• Prior to treatment, place all clutter and garbage from infested rooms in sealed plastic bags. Bagged items should remain in the infested room for treatment by a PMP prior to disposal.• The day of the pesticide treatment, all bedding and clothing should be bagged in plastic, transported to the laundry and laundered using hot water. Dry the items for at least 30 minutes on high heat. Bags used for transport should not be re-used, but should be sealed and disposed with other infested refuse.Bed bug infestations are a problem that affects everyone. Do not be reluctant to discuss a possible infestation because of embarrassment. It is important to report the infestation to management. The earlier the infestation is addressed, the more likely it will be quickly controlled.James Wise TwitterHoltonWise TwitterHoltonWise FacebookHoltonWise Instagram