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-   -   Apartment trying to take advantage (https://www.askmehelpdesk.com/showthread.php?t=306053)

  • Jan 19, 2009, 09:59 PM
    AMITY_GD
    Apartment trying to take advantage
    I rent an apartment, and my apartment management provides us with the free pest control if we put request for a pest control. This time during the pest control the pest control guy saw couple of bed bugs on the celing of the apartment. And the apartment wants me to pay for the cost of the bed bug removal, ans the cost is a also real high around $1500. I think the apartment is trying to take advantage of me, If any one can give a consuleing that how can I be safe from this problem and make apartment to pay for it, that would be great. Help for me.
  • Jan 19, 2009, 10:11 PM
    nike 1
    Are any of these agreements with free pest control in writing?
  • Jan 19, 2009, 10:30 PM
    LawLover1
    Quote:
    Originally Posted by AMITY_GD View Post
    I rent an apartment, and my apartment management provides us with the free pest control if we put request for a pest control. This time during the pest controll the pest controll guy saw couple of bed bugs on the celing of the apartment. And the apartment wants me to pay for the cost of the bed bug removal, ans the cost is a also real high around $1500. i think the apartment is trying to take advantage of me, If any one can give a consuleing that how can I be safe from this problem and make apartment to pay for it, that would be great. help for me.
    You should remind them of your agreement. You may show them your written lease agreement showing the specific provision. If they still insist on making you pay then bring the matter to a lawyer or move out of the apartment.
  • Jan 20, 2009, 12:58 PM
    AMITY_GD
    Quote:
    Originally Posted by nike 1 View Post
    Are any of these agreements with free pest control in writing?
    There is no written agreement but the lease says " resident must maintain the apartment in a clean and sanitary condition and most not allow any damages exceeding noral wear and tear or infestation of vermin. insects , rodents , or other pests" The manager told me on the basis of above statement I am liable to pay it. Please if you could help in on this that would be great...
  • Jan 20, 2009, 01:05 PM
    JudyKayTee
    Quote:
    Originally Posted by AMITY_GD View Post
    there is no written agreement but the lease says " resident must maintain the apartment in a clean and sanitary condition and most not allow any damages exceeding noral wear and tear or infestation of vermin. insects , rodents , or other pests" The manager told me on the basis of above statement i am liable to pay it. please if you could help in on this that would be great.....


    You have nothing in writing to contradict this written provision. It basically reads "resident must maintain the apartment in clean and sanitary condition and must not allow any ... infestation of ... insets or other pests." That must be what the landlord is saying - that the you allowed an "infestation" and, therefore, it is your responsibility to pay.

    If you don't pay and the landlord takes you to Court, I think you will lose. The language is pretty clear. I had to read it twice - it does NOT say that the infestation is because the apartment was not clean and sanitary. It says "and must not allow ..."
  • Jan 20, 2009, 01:19 PM
    nike 1
    Quote:
    Originally Posted by AMITY_GD View Post
    there is no written agreement but the lease says " resident must maintain the apartment in a clean and sanitary condition and most not allow any damages exceeding noral wear and tear or infestation of vermin. insects , rodents , or other pests" The manager told me on the basis of above statement i am liable to pay it. please if you could help in on this that would be great.....
    It's easy to see that the language of the lease is very clear. You are responsible for the costs, and the lease will hold up in the landlords favor in any court.
  • Jan 20, 2009, 02:27 PM
    twinkiedooter

    A bedbug infestation can result from you visiting a motel or hotel that was infested with these critters and you innocently brought them home with you in your suitcase. It's unfortunate, but bedbug infestations cost a bundle and they are NOT easy to get rid of. I've read horror stories where it's cost this one family thousands of dollars and weeks of agony just to still have them!
  • Jan 20, 2009, 03:01 PM
    Synnen

    The thing with bedbugs is that they will infest an entire building, and FAST.

    I think that a lawyer would have to have your landlord prove that yours is the ONLY apartment infested with bedbugs to hold you responsible.

    Bedbugs have NOTHING to do with how clean or sanitary an occupied living space is. They are attracted by the carbon monoxide that people exhale, and feed on blood (of any warm-blooded animal, it seems, not just humans---so they could be attracted by pets as well).

    They can remain dormant up to 18 months. It may not even have been you or even the previous tenant that brought them into the building!

    Also, 2 bedbugs are a pretty good indication that there is an infestation somewhere in the building of bedbugs--usually in the walls.

    I would think that a good lawyer would be able to show that bedbugs can come from anywhere, can infest an entire building, and that it may not have been the OP who is responsible. However, in order to exterminate bedbugs, it is my understanding that the entire building must be treated, and it is in no way fair to hold the OP responsible for something that a. The OP may not be responsible for and b. that the entire building is benefitting from.

    A good lawyer would be able to show that the person in the building MOST likely to have brought bedbugs into the building is the one that does the most travelling, and that an infestation has NOTHING to do with housekeeping (though keeping up with the vacuuming can certainly help control them).

    My suggestion is to drop the $1500 on the lawyer. Bedbugs are notoriously hard to treat, and you have a better chance of getting your money's worth on an attorney.
  • Jan 20, 2009, 03:34 PM
    JudyKayTee
    Quote:
    Originally Posted by Synnen View Post
    The thing with bedbugs is that they will infest an entire building, and FAST. think that a lawyer would have to have your landlord prove that yours is the ONLY apartment infested with bedbugs to hold you responsible..


    You know I love you - :) - but this is a lease, written by the landlord, written in (obvious) favor of the landlord, and I think the language precludes the OP from not having to pay. I'm not saying it's fair; I'm just saying it's in writing (clever writing, in fact) that the tenant is responsible for "infestations."

    Now, could the tenant prove - and I don't think it's "legally" possible - that ANOTHER tenant has caused the infestation and sue that other tenant for expenses. Sure. But, again, I don't think this is something anyone can prove. OP's attempts to prove that another tenant brought in bedbugs will be countered with an argument that OP brought in bedbugs.

    I am not disgreeing with you and/or any of the points you have raised in theory. I do disagree in law.
  • Jan 20, 2009, 03:35 PM
    AMITY_GD

    Thanks every one, If u please have any more solution that would be appreciated.

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