QUESTION
If our apartment got bedbugs, can I sue my landlady?
Asked on Jun 25th, 2015 on Personal Injury - Washington
More details to this question:
I was wondering if we should sue because our landlord has refused to do anything about the bedbugs that have taken over my apartment. We need to get them taken care of, so we can live comfortably in our own home, but he wants to get us to pay for the cost to clean them up. He owns the neighbors apartment, which is where the bedbugs had originally come from. Our landlord is very stubborn, and we need help figuring out what is next. It has been over a month since this all started.
8 ANSWERS
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I think I responded to this question earlier this week. Your landlord has to owe you a duty before you can sue him for the breach of it, and it does not seem quite certain that he has the duty to keep the neighbor's bedbugs from migrating to your nicer apartment. Why not call an exterminator (and have him or her return every two weeks or so for a few months) and propose to the landlord that he cut your rent in an amount equal to the cost of the exterminator? You could also check with your municipal housing department to see if they can make an inspection and demand that he remove the bugs or be cited and have to pay a forfeiture to the municipality? You can ask if you are entitled to abate the rent until the place is cleaned up.
Answered on Jun 26th, 2015 at 5:44 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I don't think a lawsuit is necessary, but it is his responsibility, same as a dripping faucet or a cracked window. If he refuses, you have the right to have the exterminator come and take care of it, and then deduct it from your rent payments, but see a lawyer first so that you don't get in trouble in that regard.
Answered on Jun 26th, 2015 at 10:04 AM
Lisa Hurtado McDonnell
Bed bugs issue I'd hard to prove landlords negligence. It generally the tenant fault. You could have got the bed bugs from a number of sources. Have you bought any used furniture or received any used Mattresses, sofas, chairs, clothes and blankets and soft toys etc..
Answered on Jun 25th, 2015 at 6:10 PM
James Eugene Hasser
Your rights and duties should be spelled out in your lease, but generally, the landlord owes you a duty to provide you a livable space. If you can show that the landlord's negligence caused your apartment to get bedbugs, I would think you could quite possibly have a case. You may have to take the landlord to court, though.
Answered on Jun 25th, 2015 at 5:20 PM
Depending on the State you reside in, you have a few options. You could sue the landlady, but that would be expensive. You could hire a fumigator/pes service and send her the bill or pay it and deduct it from the rent. She might try to evict you, though. Or, you could leave based on her failure to provide a clean place to live. Again, she might sue you or hurt your credit. Probably the best thing would be to sue her in small claims court and let the court decide.
Answered on Jun 25th, 2015 at 5:17 PM
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Tenants can sue and/or withhold rent due to a bedbug infestation. It's more problematic if your household introduced the bugs. You have an obligation to mitigate your damages as by moving.
Answered on Jun 25th, 2015 at 5:13 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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Has anyone had any medical treatment as a result of the bedbugs? If someone in your household had to seek medical treatment as a result of the bedbugs, you would have a stronger case against the landlord. Thank you for your email.
Answered on Jun 25th, 2015 at 5:11 PM
Thomas Edward Gates
First, you must put in writing to him what is the problem. He then has 10 days to address the problem. If he refuses to act, you may retain the service yourself and deduct the cost from your rent. The maximum you can deduct in a 12 month period is one month's rent.
Answered on Jun 25th, 2015 at 5:09 PM