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I moved into an apartment with bed bugs what are my rights? And what are the managements obligations?
Anonymous2 views3 answers
I moved in to the apartment and about 1.5 weeks into it in noticed horrible bites all over my body that started to develop into welts. I found that they were bed bugs that were causing them. I told the manager and he said he didn't know what to tell me cause they were never there and I must have brought them in. I know I didn't. He refuses to do anything about it and says it is my reponsibility to pay for the treatment. Their pest control guy came in and inspected my mattress, bed, and couch and didn't find an "infestation" and now the management refuses to do anything even though I showed them a bed bug I caught early that morning and the pest control supervisor confirmed that it was a bed bug. I can't live there and haven't for the past 2 weeks. Is there a way to break the lease or assure of the proper treatment to be done?
Your problem centers around who is respnsivble for the bed bugs. If you brought the mattress in and the bed bugs are in the mattress, it would be difficult to hold the landlord liable. If the apartment was furnished including the mattress, that would present a different analysis and conclusion.
You should consult with a pest control expert to determine if the bed bugs can be eradicated and the cost to do so. It might be less expensive to replace the mattress.
Residential leases can be terminated if the lessor fails to provide habitiable premises. Based on the facts that you have presented, it seems that the bug infestation can be handled by a pest control company. Because there is a controversy on who tis to blame for the bug infestation, terminating the lease may prove challenging.
I recommend that you try again to work something out with managmeent. Another option is for you to write to management that the bugs are making the apartment unliveable and that if the manager or owner does not take remedial steps, you will and reduce it from the rent. This is an acceptable means of dealing with problems that are the lessor's responsbility; however, liability is not clear in your case.
Technically you can hire someone to get rid of the bed bugs and deduct that from your rent. However, a legal battle will likely ensue and could lead to your eviction. Contact a landlord tenant attorney to get their thougths.
Mr. Smith is licensed to practice in CA. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Smith strongly advises the questioner to confer with an attorney in their own state to acquire more information.
First, it is not your responsibility to get rid of the bed bugs. It is clearly management's responsibility (under Civil Code sections 1941 and 1941.1) to eliminate vermin. Since you are in North Hollywood, the Los Angeles Housing Department has the authority to order the landlord to eliminate the bed bugs. You can call them at 866-557-RENT and ask for a Code Enforcement Inspection. You might check with your neighbors and see if they are also having problems with bed bugs. You might also contact the Los Angeles County Environmental Health Department, which also has authority to cite your landlord.
But, if you're already out of the unit, and want no further obligations under the lease, your argument is that the landlord breached the lease by refusing to eradicate the bed bugs, which he is obligated to do under the implied warranty of habitability that is a part of all leases in California. Since the landlord breached the lease, you are relieved of your obligations under the lease.
Good luck, whatever you decide.
