View Full Version : Can I Sue My Complex For Poisionous Spiders/Old Torn Dirty Carpet/Worn Out bed
dameian
Aug 19, 2012, 07:17 AM
I moved into my apartment on a Saturday.As soon as I opened my bedroom door I was disgusted. The carpet was torn all the way across about the entire width of the door and could be peeled back from the floor underneath. In addition to that it has terrible stains everywhere and is looks as if it needs to be replaced. The bed that came with the room was also in horrible condition. One side is noticeably lower than the other as if someone sat there all the time. It also was very thin and the springs can be felt easily. Frustrated with the room and knowing I had to unpack I had planned on just going back to the office Sunday to tell them about the carpet and bed.When I woke up Sunday morning I saw a HUGE brown recluse spider in my bedroom, which is poisionous. As I got closer to try to kill it, it crawled away very fast. I caught and killed it though. I then looked around for more and saw one above my window, another brown recluse. Jus like the 1st one, I had to chase it down to kill it. After this happened I went to the office and explained the situation to the manager. She told me she wanted prove, and to bring her the spiders, and also not to tell anyone about them. She also said that she would send out pest control the next day. As for my carpet that probably wouldn't be handled until Tuesday. I went to walmart and purchased something to kill insects and spiders, went back to the apartment, and sprayed my entire room and everywhere else I could think of. Kitchen, living room, washer and dryer room, hallways, and bathroom. About 1 hour later, leaving the kitchen I saw something moving in the hallway. As I looked closer it was another brown recluse, but it was barely moving. I assume dying from the spray. That made 3 of them so far. At this point I was really paranoid and afraid since they are poisionous. I took pictures of them all. I washed clothes later on and in the corner of the wash room was another brown recluse. I took a pic of this as well, then getting they spray again, I went back and sprayed everywhere again. Up in the corners, behind the washer and dryer, even in air conditioning vents. Monday came and there wasn't a visit from pest control. Tuesday I went back to the office and spoke with someone. She said pest control would be there that day but my carpet would probably have to wait until Wednesday.Nobody came that day nor Wednesday. Thursday morning while I was in the bathroom I saw another brown recluse right beside my foot. It was barely moving so I was able to catch it this time. At this I was completely aggravated with the whole situation I called the office and asked for the manager, but was told she wasn't available. I left my name and number and asked if she could please call me back. After the call was over I typed a email and sent her the pics of all the spiders and my carpet. I told her I wanted a refund on my deposit so I could move somewhere else. I refuse to live somewhere that is infested with spiders, especially ones that are poisionous. I can be biten in my sleep and would not even know it. They can get in my clothes, shoes, and other things I have. And this carpet is unsanitary, I don't want to walk on it barefooted. I was told the room was being cleaned and it was the reason that I couldn't see it until move in day. If I had seen it before then I would not have given them any money until things were fixed. Can I sue to get out of my lease and get my deposit & rent back. This Is a serious health issue and I don't wish to stay. I need to find another apartment
JudyKayTee
Aug 19, 2012, 07:25 AM
You can break the lease by PROVING the apartment is unsafe/uninhabitable. Call the Health Department.
Was the carpet in this condition when you signed the lease? And the bed?
I'd capture and keep one of the spiders, dead or alive, for the Health Department.
joypulv
Aug 19, 2012, 07:26 AM
Of course anyone can sue anyone, but winning is another matter. I can't imagine why you allowed yourself to rent a place sight unseen. Cleaning should have taken half a day at most.
As far as pictures of brown recluse, the burden will be on you to prove that is what they are. (I live in a part of the US where they just don't exist, although people like to claim they have seen them.) Having non poisonous insects and spiders in a rental is not going to be cause for breaking a lease. The carpet and bed are hard to judge since we can't see them, and judges can be arbitrary in small claims. I suspect that you are going to have to at the very least live out the duration of the security deposit, which I would assume is one month's rent?
dameian
Aug 19, 2012, 07:34 AM
You can break the lease by PROVING the apartment is unsafe/uninhabitable. Call the Health Department.
Was the carpet in this condition when you signed the lease? And the bed?
I'd capture and keep one of the spiders, dead or alive, for the Health Department.
Yes, the bed and carpet were in this condition when I moved in. They showed me a model apartment, not my actual apartment. And I don't have any of the spiders anymore
dameian
Aug 19, 2012, 07:37 AM
Of course anyone can sue anyone, but winning is another matter. I can't imagine why you allowed yourself to rent a place sight unseen. Cleaning should have taken half a day at most.
As far as pictures of brown recluse, the burden will be on you to prove that is what they are. (I live in a part of the US where they just don't exist, although people like to claim they have seen them.) Having non poisonous insects and spiders in a rental is not going to be cause for breaking a lease. The carpet and bed are hard to judge since we can't see them, and judges can be arbitrary in small claims. I suspect that you are going to have to at the very least live out the duration of the security deposit, which I would assume is one month's rent?
Brown Recluse or not, my apartment is infested with spiders. That's unsanitary, and I was shown a model apartment and told that's how my apartment would be. All apartment companies here show you models.
JudyKayTee
Aug 19, 2012, 08:56 AM
Brown Recluse or not, my apartment is infested with spiders. Thats unsanitary, and I was shown a model apartment and told thats how my apartment would be. All apartment companies here show you models.
Now I'm confused - at 2:17 you had brown recluse spiders. At 2:37 you do not.
I don't know that spider infestations are uncommon - I know they somehow get into my house, but certainly not to the extent you have described, when the nights get cold.
I'm sure you know that it's a bad idea to rent without seeing the actual apartment. I'm also surprised that the bed was included. There are so many bedbug infestations that this is no longer common practice in my area where apartments are concerned.
My advice stays the same. I think your only hope is PROVING it is unsanitary and uninhabitable. If those were NOT brown recluse spiders be very careful with your wording. If you claim they are and your landlord claims they are not it is not going to help you in any way.
Where are you that spiders are such a concern and standard practice is not showing the actual apartment?
For the record I personally wouldn't want to live there either. Legally, unless it's uninhabitable (and the landlord/manager does nothing) there is little you do. Of course, you can always move out and hope management doesn't sue you. You'll lose your security deposit, but you'll be out.
If they sue, then prove the infestation and other concerns. Take photos - lots of photos!
Wondergirl
Aug 19, 2012, 09:03 AM
All apartment companies here show you models.
If landlords/managers show beautiful models to prospective renters, and then give them dirty, insect-infested apartments to live in (bait and switch), I'm thinking that behavior wouldn't last very long.
JudyKayTee
Aug 19, 2012, 09:29 AM
If landlords/managers show beautiful models to prospective renters, and then give them dirty, insect-infested apartments to live in (bait and switch), I'm thinking that behavior wouldn't last very long.
I'm thinking College town -
Never a shortage of potential renters.
Not saying it's right or legal or moral, but it does happen.
I'm more concerned about what type of spiders and how they were gone so quickly. (20 minutes)
Wondergirl
Aug 19, 2012, 09:31 AM
Aren't brown recluse spiders very reclusive? I'm wondering what kind of spiders he is seeing.
JudyKayTee
Aug 19, 2012, 09:38 AM
Aren't brown recluse spiders very reclusive? I'm wondering what kind of spiders he is seeing.
I don't know - I do know I looked them up and I might have trouble sleeping tonight. In "theory" they are natives of the Southwest (from what I can tell) although some have been seen/killed/whatever in Florida.
They hide in dark places - woodpiles, that type of thing. I have no idea why a "pack" of them (or do spiders travel in herds) would be running through an apartment building.
odinn7
Aug 19, 2012, 10:02 AM
When I woke up Sunday morning I saw a HUGE brown recluse spider in my bedroom, which is poisionous.
First, I want to nitpick... spiders are not poisonous... they are venomous. Poison is ingested, venom is injected... anyway...
Brown recluse... I am assuming you are in the US. Brown Recluse are not HUGE by any stretch of the imagination. Leg to leg as big as they get is the size of a quarter. You're probably seeing some form of Wolf Spider which is not considered deadly or dangerous at all, though it has a painful bite.
Why am I taking the time to point this out? Well, it's not only because I'm a smug a-hole when it comes to spiders but it's because if you're going to try to get out of the lease by making claims, you should know what you're talking about. Lying or exaggerating about the spiders you see will not help your case at all.
or do spiders travel in herds
Most spiders will kill each other so they are solitary. In large enough areas, they can get along well enough to live together as long as they don't cross each others paths.
When I was in AZ, I saw (in my mothers chicken coop) a mess of Black Widows. They usually don't get along but there was enough food source for them and the area was big enough that they were OK with each other. Believe it or not, it was actually cool to see. Well, for me anyway.