Ask Me Help Desk - Unethical landlord is putting my family in danger

I recently just moved in with my boyfriend in, what we thought was a nice, roomy, but older apartment. We have only lived there for a month, and the first week we were there found several bugs that looked much like ticks.. . But not quite. I've grew up in a rural community, so definitely know a tick when one comes along. Ever since I've found a couple more and also have been very itchy.. . which I thought was strange I'd never been until we moved. I didn't think too much about it, thought maybe it was fleas or some sort of water bug and got some pest powder and forgot about it. It's a 2 story house, thus 2 apartments. I was coming home from work yesterday when the downstairs neighbor approached me and asked me if I knew they had a bed bug infestation. I replied no the land lord never told us before we moved in.. . She then went in her apartment and produced a small clear jar filled with as many as 15 of those so called bugs I thought looked a lot like ticks.. . She informed me they were moving because they were tired of the landlord not exterminating and trying to get rid of the infestation. My boyfriend called the landlord after talking to the neighbors himself and asked about finding the bugs and asked if he had any prior knowledge of any infestations before we moved in.. . The landlord said yes he had, but hastily said he would send an exterminator later this week to take care of the bugs. I'm 3 months pregnant with our first child and feel like he is very unethical and is putting my family in danger. I've done some research on the bugs and they can even pass on diseases! MY QUESTION IS -<CAN WE TAKE ANY ACTION AGAINST THIS NOT MORAL MAN AND GET OUT OF THE LEASE OR EVEN SUE HIM FOR THE DAMAGES WE WILL INCUR?? >- This is ridiculous he did not tell us before we moved in the apartment, or how he didn't even try to exterminate the place before hand. We have six months left on the lease we signed out of a seven month lease, but I would like to get out as soon as possible. Can we sue for him being an unethical landlord or at least get out of the lease and get our deposit back? Thank you for the help!

Well, the "short" answer to any question like this is 'What does your lease say'? You need to thoroughtly go over your lease with a fine tooth comb. Then you should also check your state's landlord/tenant property code to see if it states anything in addition to the lease, and to make sure that your lease complies with the law.

Typically, something like this wouldn't be grounds for breaking a lease. If you attempt to notify the landlord (make sure you do it in writing, or it's like it never happened)and he then does nothing, then you may have grounds for breaking the lease. Make sure you have a paper trail.

I do have to say something about these bugs. Are these units furnished? If not, someone brought them in with them in their pillows/matresses/bedding/furniture. I'm not suggesting you brought them... perhaps the neighbor who told you about them. If they are for sure bed bugs.

Have you had other problems with the LL, or are you referring to him being unethical based on this alone? Now he knows about it (from you). Follow up in writing (per our phone conversation on July XX, we're awaiting the exterminator you promised to send, etc, etc. I'd say give him a chance to rectify the situation. If he doesn't then proceed. In most cases you have to give them a chance to do what the lease says they must do.

I know that's not what you wanted to hear. But I've seen tenants break leases when the conditions were deplorable, and if they didn't go about it correctly the landlord usually winds up with a fat settlement.

Also seldom can a landlord be held responsible for what another tenant can do. If they move in with them, And you may if they are in the bed and such even have to replace them, but if the landlord is gong to going to have the place sprayed what more can he do.

Also have you not gotten spray and spayed your own apartment, shown some personal respnsiblity taking care of your own place?

You need to get together with the other tenant(s) and get after him to take care of it.
Spraying yourself really doesn't help much unless your neighbor has to too or they are just going to keep multiplying and being an ongoing problem. But it can cut down on some.

Quote:

Originally Posted by rockinmommy

Well, the "short" answer to any question like this is 'What does your lease say'? You need to thoroughtly go over your lease with a fine tooth comb. Then you should also check your state's landlord/tenant property code to see if it states anything in addition to the lease, and to make sure that your lease complies with the law.

Typically, something like this wouldn't be grounds for breaking a lease. If you attempt to notify the landlord (make sure you do it in writing, or it's like it never happened)and he then does nothing, then you may have grounds for breaking the lease. Make sure you have a paper trail.

I do have to say something about these bugs. Are these units furnished? If not, someone brought them in with them in their pillows/matresses/bedding/furniture. I'm not suggesting you brought them.....perhaps the neighbor who told you about them. If they are for sure bed bugs.

Have you had other problems with the LL, or are you referring to him being unethical based on this alone? Now he knows about it (from you). Follow up in writing (per our phone conversation on July XX, we're awaiting the exterminator you promised to send, etc, etc. I'd say give him a chance to rectify the situation. If he doesn't then proceed. In most cases you have to give them a chance to do what the lease says they must do.

I know that's not what you wanted to hear. But I've seen tenants break leases when the conditions were deplorable, and if they didn't go about it correctly the landlord usually winds up with a fat settlement.

I know it wasn't us because we had just bought the furniture before we moved in and the bed was still in plastic.. . We also talked to the other tenants again last night and they stated that the land lord knew about the bed bugs before we moved in, he left out that important detail I guess to save himself from the expenses and mess that would come from us knowing. I just don't know what else to do than try to get out from that forsaken apartment! I know we didn't bring them in, and most replies on my other post have said we'll have to throw out the furniture all together. Can he be held responsible at all for not notfying or trying to get rid of these pests?? My boyfriend called him yesterday on the phone and asked if he had any prior infestation problems, the landlord answered honestly and said yes roaches, bed bugs, ticks, etc. He knew of prior infestations and couldn't even warn us?? This is ridiculous, I thought we have rights as tenants. If you have any more information please let me know. Thank you

Do not throw anything out until you win your case take him to court and sue him and have a ruling . Make sure you take ALL receipts.
There should be a way you can fumigate everything but at his expense if it can be salvaged.

Quote:

Originally Posted by hobbsa1

I just don't know what else to do than try to get out from that forsaken apartment!

That may be the best thing to do. You just need to figure out the best way to do it, so he can't come back on you for breaking your lease. I've seen cases where tenants got fed up of living in deplorable conditions and just left. Then they wound up having to pay damages to the landlord because they broke their lease. I guess I'm just suggesting you be on the offensive and not wind up on the defensive.

Quote:

Originally Posted by hobbsa1

Can he be held responsible at all for not notfying or trying to get rid of these pests??????

That will depend on what is stated in your lease, what your state's landlord/tenant property code states, and quite honestly what a judge thinks about all of it. I would imagine that to hold him responsible you'll wind up having to sue him.

Quote:

Originally Posted by hobbsa1

My bf called him yesterday on the phone and asked if he had any prior infestation problems, the landlord answered honestly and said yes roaches, bed bugs, ticks, etc. He knew of prior infestations and couldn't even warn us??? This is ridiculous, I thought we have rights as tenants. If you have any more information please let me know. Thank you

My advice to you at this point would be to make a huge paper trail. Talking to him verbally/on the phone is OK, but after every conversation follow if up with a written note. Recap in writing what was said, especially anything he agrees to. Keep a copy for yourself and send a copy to him, certified mail - return receipt requested. Keep bugs you find. You're going to have to basically give him a list of demands - stuff that your lease says he's responsible for. List whatever it would take to make you happy. If that includes irradicating the place of bugs, replacing all of your belongings that could be infested, and waiving your rent while this happens... or maybe your demands are to be let out of your lease and all of your furniture replaced. Whatever it is, give it to him in writing. Then if he doesn't work something out with you take him to court. I think the key here is to ask/demand that he rectify the situation (whatever that means to you) and if he doesn't then you'll have a good case. Also do a lot of research on bed bugs that you can have printed off to show him, and/or the judge if it comes to it.

You can also try contacting any kind of local housing authority that exists where you live. They may do something, or may not care.

Or you can just move out, move on, and hope he doesn't come after you. If you do it that way and he does sue he'd be likely to get a judgement against you.