Bed bugs lawsuit against landlord

2 Replies

I'm a landlord in Indiana...and a renter. I'm a college student renting at this apartment complex with 3 other students. We moved in and thought we were getting bit by spiders...then about 5 weeks in we witness a bed bug. Report it, takes the management a week to get some out here with no notice of the inspection. It's going to take another week until they come out and remediate the situation. I talked to management yesterday and they were completely rude and asked why I was getting "heated". Well, the place is inhabitable in my opinion and I would get the problem fixed within a day for my tenants. Anyway, the management claimed that the exterminator told Ben that we brought the bed begs and that they were going to make us pay for it (split it between 4 students). Bed bugs were not found in my room (feces were), they were only found in 2 rooms. I personally called another exterminator who came it and found feces in all rooms and hallway and informed me that they could lose their license if they claimed to know where the bedbugs came from.

I want to sue the apartment complex and exterminator for both making a claim that we brought the bed bugs and for wanting to charge us because my roommates and I believe they should pay for it and shouldn't take 2 weeks to remediate the situation. Also keep in mind that exterminator that I called and came the very next morning for the inspection also said they could do the remediation the day, so why can't the apartment do the same?

Any advice???

Lawsuits are about actual damages.  What are you damages?   You don't sue simply for a claim that you brought in bedbugs nor the threat that they want to charge you for treating for these.

Now...if they treat and then attempt to make you pay and you feel this is unfair, you and your roommates can refuse to do this.  If management decides to sue over this bill, then you respond with your information that bedbug evidence was found throughout the rental unit.

Unfortunately, your "opinion" that the unit is uninhabitable means nothing legally.  You can, if you wish, contact your local Code Enforcement office to get their intake on this.  They would have more standing in a court of law regarding this matter.

Good luck...

Gail 

My advice is don't be so quick to sue anyone. It's a huge pain in the butt and rarely worth it. 

What does it say in the lease about pest control and whose responsibility it is to pay for it? Hopefully it addresses bed bugs specifically, but if not it should address pests in there somewhere. 

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