[Ekta Jain]

We have been living in a rented apartment for around 10 months now. Last month, we saw a few bed bugs in our bedroom and reported this problem to apartment management. They decided to do pest control. When we asked about the cost and who would bear the cost, they said they didn't know. They contacted pest control company and get the pest control done. Now two days back, all of a sudden, they sent us a letter asking us to pay $800 as the charges for pest control and asked us to pay within 2 days otherwise they would return our next month rent and start putting late fees, etc till we pay the bill.

I want to know in this case whose responsibility is this to bear the cost especially when it was their decision to get the pest control done and they contacted pest control people?
What can we do legally to get this resolved or where can we file a complaint against them?

Any help/information in this regard will be highly appreciated.

Thanks
Ekta Jain

[JudyKayTee]

We have been living in a rented appartment for around 10 months now. Last month, we saw a few bed bugs in our bedroom and reported this problem to apartment management. They decided to do pest control. When we asked about the cost and who would bear the cost, they said they didn't know. They contacted pest control company and get the pest control done. Now two days back, all of a sudden, they sent us a letter asking us to pay $800 as the charges for pest control and asked us to pay within 2 days otherwise they would return our next month rent and start putting late fees, etc till we pay the bill.

I want to know in this case whose responsibility is this to bear the cost especially when it was their decision to get the pest control done and they contacted pest control people?
What can we do legally to get this resolved or where can we file a complaint against them?

Any help/information in this regard will be highly appreciated.

Thanks
Ekta Jain

You have lived there for 10 months and have had bed bugs for two?

In order to resolve this you would not pay for pest control, they would sue you, you would both present your evidence. They will probably claim if you didn't have bed bugs before but you now, if the previous tenant didn't have them, if no one else has them, they moved in with you. You will claim they did not. The Court will decide. As far as reporting them, I don't see that they are in violation of anything. If they had not called the exterimator, what would you have done?

Your argument is that they moved in with someone else in your building. From Wikipedia:

"People can often acquire bedbugs at hotels, motels, or bed-and-breakfasts, and bring them back to their homes in their luggage. They also can pick them up by inadvertently bringing infested furniture or used clothing to their household. If someone is in a place that is severely infested, bedbugs may actually crawl onto and be carried by people's clothing, although this is atypical behaviour — except in the case of severe infestations, bedbugs are not usually carried from place to place by people on clothing they are currently wearing. Bedbugs may travel between units in multi-unit dwellings, such as condominiums and apartment buildings, after being originally brought into the building by one of the above routes. Bedbugs can also be transmitted via animal vectors including wild birds and household pets."

[rockinmommy]

I would recommend contacting the exterminator. I assume you know what company it was that came out to do the treatment?

Get their opinion on how they believe the bugs were brought in, if other units have them as well, etc?

Did they examine your matresses/pillows/etc? Usually you'd need to get rid of all that stuff once you have bed bugs in them.

[Ekta Jain]

You have lived there for 10 months and have had bed bugs for two?

In order to resolve this you would not pay for pest control, they would sue you, you would both present your evidence. They will probably claim if you didn't have bed bugs before but you now, if the previous tenant didn't have them, if no one else has them, they moved in with you. You will claim they did not. The Court will decide. As far as reporting them, I don't see that they are in violation of anything. If they had not called the exterimator, what would you have done?

Your argument is that they moved in with someone else in your building. From Wikipedia:

"People can often acquire bedbugs at hotels, motels, or bed-and-breakfasts, and bring them back to their homes in their luggage. They also can pick them up by inadvertently bringing infested furniture or used clothing to their household. If someone is in a place that is severely infested, bedbugs may actually crawl onto and be carried by people's clothing, although this is atypical behaviour — except in the case of severe infestations, bedbugs are not usually carried from place to place by people on clothing they are currently wearing. Bedbugs may travel between units in multi-unit dwellings, such as condominiums and apartment buildings, after being originally brought into the building by one of the above routes. Bedbugs can also be transmitted via animal vectors including wild birds and household pets."

We never had them before. It was just last month we saw a few. They were not many, just 3-4. We have not gone to anywhere in the last few month and not many people have come to our unit also. In fact, apartment people only have entered in our apartment a few times for maintenance, etc.
Is there any local legal body with whom we can file a complaint or who can advise us legally what to do because going to a lawyer can be very costly?

[JudyKayTee]

We never had them before. It was just last month we saw a few. They were not many, just 3-4. We have not gone to anywhere in the last few month and not many people have come to our unit also. Infact, appartment people only have entered in our appartment a few times for maintainance, etc.
Is there any local legal body with whom we can file a complaint or who can advise us legally what to do because going to a lawyer can be very costly?

You could call your local Health Department if you are talking about a complaint about the condition of the property. Otherwise, I see nothing to complain about.

As far as the cost of the exterminator - you at this moment have no cause of action. If you pay it, then you can sue the landlord to get your money back; if you don't pay it you could get evicted and/or taken to Small Claims Court and your defense would be that you didn't bring the bedbugs in.

As Rockinmommy said, if they'll give you the info about similar complaints in your building, their professional opinion, that will be valuable to you.

But at this moment aside from the health issue, you have not been legally damaged.

[Ekta Jain]

I would recommend contacting the exterminator. I assume you know what company it was that came out to do the treatment?

Get their opinion on how they believe the bugs were brought in, if other units have them as well, etc?

Did they examine your matresses/pillows/etc? Usually you'd need to get rid of all that stuff once you have bed bugs in them.

We contacted them and they said that they could not tell how they were brought in. They inspected our mattress, etc but they were not infected. All of them are quite new also.
That is why we feel how can we be held responsible for bringing them in by our apartment people. We have not gone out of the city also in last few month.
Can you please suggest any legal body where we can file our complaint or who can advise us legally as going to a lawyer can be very expensive?

[JudyKayTee]

We contacted them and they said that they could not tell how they were brought in. They inspected our mattress, etc but they were not infected. All of them are quite new also.
That is why we feel how can we be held responsible for bringing them in by our appartment people. We have not gone out of the city also in last few month.
Can you please suggest any legal body where we can file our complaint or who can advise us legally as going to a lawyer can be very expensive?

You aren't listening to me - what are you going to an Attorney about? You are not legally damaged at this point. You are not out any money. If you get sued in Small Claims Court you represent yourself.

Call the local Health Department. Tell them the problem. If it's not within their realm, they will tell you who can take the complaint. Maybe the local Housing Inspector. I don't know - and I don't know that bedbugs are a public health problem. They can tell you.

[Ekta Jain]

You aren't listening to me - what are you going to an Attorney about? You are not legally damaged at this point. You are not out any money. If you get sued in Small Claims Court you represent yourself.

Call the local Health Department. Tell them the problem. If it's not within their realm, they will tell you who can take the complaint. Maybe the local Housing Inspector. I don't know - and I don't know that bedbugs are a public health problem. They can tell you.

Thanks for your reply. One thing more - I know in NewYork state, it's a law that landlord will bear the cost of any pest control. But I couldn't find anything for Illinois, can you help me in that?

[rockinmommy]

Thanks for your reply. One thing more - I know in NewYork state, it's a law that landlord will bear the cost of any pest control. But I couldn't find anythin for Illinois, can you help me in that?

On the Real Estate Law board there's a "sticky" at the top of the forum with a link to each state's landlord / tenant laws. You can real through the IL laws there and see if it's the law in IL.

Did the exterminator tell you if they treated other units as well, if other units were as bad or worse than yours?

Also, $800? Is that the cost for just your unit? Surely that's for the whole complex? The exterminator should be able to give you that info, too.

Have you talked to the property management about the bill?

[JudyKayTee]

Thanks for your reply. One thing more - I know in NewYork state, it's a law that landlord will bear the cost of any pest control. But I couldn't find anythin for Illinois, can you help me in that?

I'm in NYS - this is not strictly true. I pay. If the cause was an action or inaction of my tenant, then the tenant reimburses me.

It's not a straight "the landlord is responsible" situation.

[Ekta Jain]

On the Real Estate Law board there's a "sticky" at the top of the forum with a link to each state's landlord / tenant laws. you can real through the IL laws there and see if it's the law in IL.

Did the exterminator tell you if they treated other units as well, if other units were as bad or worse than yours?

Also, $800? Is that the cost for just your unit? Surely that's for the whole complex? The exterminator should be able to give you that info, too.

Have you talked to the property management about the bill?

This includes cost of inspecting other units also. But they said they didn't find anything in other units so we will have to bear the cost or pest control being done in our unit as well as the cost of inspecting other units.

[JudyKayTee]

This includes cost of inspecting other units also. But they said they didn't find anything in other units so we will have to bear the cost or pest control being done in our unit as well as the cost of inspecting other units.

I'd be thinking about Small Claims Court - small filing fee, you present proof, they present proof and it goes from there.