What legal remedy do I have if bedbugs show up?
Laws vary from state to state, and I am not an attorney. To get the most definitive answer, you will want to talk to a local attorney to get answers that suit your municipality or state.
However, there are some concepts that are part of law throughout the United States that you’ll want to think about before you file suit against your landlord if bedbugs show up.
The good news is that, once your landlord gets notice that you have a pest infestation, he is responsible for getting rid of the problem – particularly if you notice the infestation upon move-in. The landlord is also responsible for taking reasonable actions to prevent the return of the pests.
But what about all the laundry you had to do? What about the clothes and linens that are full of bedbugs? These items aren’t usually covered by municipal law. The landlord does have to come in and attempt to remove the nest, but most jurisdictions do not have laws addressing damaged property. In that case, you may be left relying on the “tort law” in your state – this refers to the ability that you have to sue someone else for negligent damage.
And when you get into a tort lawsuit, you run into the burden of proof. When it comes to bedbugs, it can be very difficult to prove anything. Can you prove when the bedbugs came in? Can you prove that they were there before you were? Or were they in your gym bag this time when you came back? There’s just no way, basically, to prove the fault of your owner. If you want to get money for your ruined furniture and infested laundry, this is not the most productive way.
Now, if you talk to the person who rented that space before you, and it turns out that the infestation was there then, your legal picture improves. You could argue that the landlord knew about the infestation before you moved in, and so has a greater obligation to restore the apartment to pristine condition.
Other countries have different rules, of course. If you live in the Canadian province of Ontario, there is a website that will show you how to claim damages and have your rent reduced. Every city and state has different rules. In the United States, though, it’s extremely difficult to be awarded anything except the price of removal.
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