Cal. Civ. Code § 38-12-1004

Bed bugs - access to dwelling unit and personal belongings - notice - costs.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoIPM Requirements

Operative Text

Cal. Civ. Code § 38-12-1004
(1) (a) 
If a landlord, qualified inspector, or pest control agent must enter a dwelling
unit for the purpose of conducting an inspection for, or treating the presence
of, bed bugs, the landlord shall provide the tenant reasonable written or
electronic notice of such fact at least forty-eight hours before the landlord,
qualified inspector, or pest control agent attempts to enter the dwelling unit;
except that a rental agreement may provide for a different minimum time for the
notice. A tenant who receives such notice shall not unreasonably deny the
landlord, qualified inspector, or pest control agent access to the dwelling
unit.

(b) A
tenant may waive the notice requirement described in subsection (1)(a) of this
section.

(2) A
qualified inspector who is inspecting a dwelling unit for bed bugs may conduct
an initial visual and manual inspection of a tenant's bedding and upholstered
furniture. The qualified inspector may inspect items other than bedding and
upholstered furniture when the qualified inspector determines that such an
inspection is necessary and reasonable.

(3) If
a qualified inspector finds bed bugs in a dwelling unit or in any contiguous
dwelling unit, the qualified inspector may have such additional access to the
tenant's personal belongings as the qualified inspector determines is necessary
and reasonable.

(4) A
tenant shall comply with reasonable measures to permit the inspection for, and
the treatment of, the presence of bed bugs as determined by the qualified
inspector, and the tenant is responsible for all costs associated with
preparing the tenant's dwelling unit for inspection and treatment. A tenant who
knowingly and unreasonably fails to comply with the inspection and treatment
requirements described in this part 10 is liable for the cost of any bed bug
treatments of the dwelling unit and contiguous dwelling units if the need for
such treatments arises from the tenant's noncompliance.

(5) If
any furniture, clothing, equipment, or personal property belonging to a tenant
is found to contain bed bugs, the qualified inspector shall advise the tenant
that the furniture, clothing, equipment, or personal property should not be
removed from the dwelling unit until a pest control agent determines that a bed
bug treatment has been completed; except that, if the determination that any
furniture, clothing, equipment, or personal property contains bed bugs is made
by a qualified inspector licensed by the commissioner of agriculture pursuant
to article 10 of title 35, the qualified inspector shall advise the tenant
regarding the removal of the furniture, clothing, equipment, or personal
property in accordance with rules promulgated by the commissioner of
agriculture pursuant to said article 10. The tenant shall not dispose of
personal property that was determined to contain bed bugs in any common area
where such disposal may risk the infestation of other dwelling units.

(6) (a) 
Nothing in this section requires a landlord to provide a tenant with
alternative lodging or to pay to replace a tenant's personal property.

(b) 
Nothing in this section preempts or restricts the application of any state or
federal law concerning reasonable accommodations for persons with disabilities.
Source: Legislative text reproduced verbatim
Plain English

Colorado Revised Statutes § 38-12-1004 establishes a framework governing access to rental units for bed bug inspections and treatments. Landlords must give tenants at least 48 hours' written or electronic notice before entry for bed bug-related purposes, though a lease may set a different minimum and tenants may waive the notice entirely. Tenants are required to cooperate with reasonable inspection and treatment measures and bear the costs of preparing their unit; if a tenant knowingly and unreasonably refuses to comply, they may be held financially responsible for treatment costs in their unit and neighboring units. Inspectors are authorized to examine bedding, upholstered furniture, and other belongings as reasonably necessary, and tenants must not move or dispose of bed-bug-infested items in ways that could spread the infestation.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under Colo. Rev. Stat. § 38-12-1004, compliant landlords generally deliver written or electronic notice to tenants at least 48 hours before any bed bug inspection or treatment entry, keeping records of that notice. Operators typically coordinate with qualified inspectors and pest control agents to ensure access is scheduled properly, and they may include lease provisions that specify a different notice period if the statutory default does not fit their operations. Importantly, § 38-12-1004(6)(a) clarifies that landlords are not required to provide alternative lodging or replace a tenant's personal property as part of the bed bug remediation process.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 38-12-1004 gives tenants the right to at least 48 hours' advance notice before a landlord, inspector, or pest control agent enters for bed bug purposes, and tenants may waive that notice if they choose. Tenants are responsible for preparing their unit for inspection and treatment at their own cost, and knowingly refusing reasonable access can result in liability for treatment costs in the unit and adjoining units. Tenants who believe their rights under § 38-12-1004 have been violated may wish to consult a tenant-rights organization or legal aid provider to understand available options, including potential defenses in any cost-recovery action.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
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Related Rules

§ 7-28-840
Condominium and cooperative buildings – Plan for treatment of bed bugs
§ R 125.1717
Insect and rodent control.
§ 55.1-1223
Notice to tenants for insecticide or pesticide use.

Source Information

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Fetched:Oct 16, 2026, 05:03 PM UTC