Got Bed Bugs? Bedbugger Forums » Tales of Bed Bug Woe
I'm being sued - HELP!!!!!!!!
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BettyV4
junior member
Joined: Nov '08
Posts: 109
Posted 1 year ago
Fri Jan 2 2009 17:30:47
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I'm the landlord (hate that word) who owns the house that's been infested since December 2008. There were no bugs ever in my home; nor were they in the two adjoining houses that eventually became infested. The bugs were brought in by my then first floor tenants. (They were always going away.) One of the tenants would wake during the night and observed being bit. He waited a couple of weeks before telling me. Their bedroom was completely infested. We had built a loft, desk, shelves, wardrobes, and all of it was bb infested. As soon as they told me I immediately hired my first exterminating company. The first of four. We then had to remove all the wood in the bedroom; cost of these actions, in the thousands (that we didn't have.) They paid rent for Dec., Jan. and Feb. However, they were never here because of their fear, and our constant treating. Today we received a certified letter stating that if they don't receive their security by Jan. 15th, they will pursue legal action to collect not only the security, but rent that was paid for Dec., Jan. and Feb. (including court costs). The reason the deposit was not returned was due to the fact that as a result of them bringing them in, and us immediately attempting to eradicate the situation, they're sueing us. I did everything in my power to make this horrific situation go. A year later it not only remains, but has spread to two other houses. Has brough much grief, ansiety, stress, OCD, medications, financial problems, I could go on forever. Any suggestions? Please help as we have very little time.
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eatenalivenh
junior member
Joined: Dec '08
Posts: 116
Posted 1 year ago
Fri Jan 2 2009 18:22:23
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Oh my gosh! I am so sorry! It sounds to me like you did all of the right things by bringing in a PCO right away and by continuing to treat. I wish I could give legal advice but I am not qualified, have you looked into a free lawyer consult or free legal aid perhaps? I think if you review your situation with a professional they should be able to tell you if you were within your rights to hold the security but unfortunately although you are sure that they brought the bugs into the home that would be very hard to prove in court, have they admitted it somehow in writing that they took responsibility or apologized? that perhaps could help your case? ALso was the letter from them personally or from a lawyer?
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VaeMihi
newbite
Joined: Sep '08
Posts: 13
Posted 1 year ago
Fri Jan 2 2009 18:24:35
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Only a lawyer can really help you. If you can't afford one, look for a legal aid clinic in your area. Most law schools run clinics like that, so if you have one in your area, start there. In the meantime, collect all the documentation you have of the actions you took and any written communication with your tenants. And try not to worry too much - I know that's easier said than done. Good luck!
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Document, document, document and get qualified legal advice. The only opinion that matters on the legal side is the one from the people who are qualified to give you advice.
Hopefully your PCO will be able to help you write a report in support of what they found when they first inspected.
Without documentation it will become a they said we said and you want to avoid that.
David
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BettyV4,
As others have said, you must talk to a local lawyer ASAP; no one here is qualified to give advice on this.
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betty - please don't hate me for asking, but why not just return the security deposit? I rented for years & getting the deposit back was always like pulling teeth. I don't get it. The deposit isn't income, it should have been held like escrow during the tenancy anyway. As a long time renter I have an admitted bias, but this one always gets me.
I am sorry, especially if they brought the bugs - that sux.
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Notsolucky
newbite
Joined: Jun '08
Posts: 33
Posted 1 year ago
Sat Jan 3 2009 12:03:02
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Is there a landlord/tenant act in the jurisdiction where you live? Some areas will have seperate landlord and tenant tribunals that are made for individuals to handle these cases themselves. Is there a "small claims court" ?If so that may very well govern what will happen in your specific case. The problem with actually hiring a lawyer is that the cost for the lawyer may be far more than the amount involved.
One difficulty that you will likely have is an evidentiary one. To keep a security deposit you have to prove that the tenant caused "damage". In your case that means "proving" that the tenant brought the bedbugs into the premises. At this stage in the world "bedbug saga " that isnt an easy hurdle to overcome. Did this particular tenant "bring " in the bedbugs ? Could a couple simply wandered in, could they have come in of a delivery persons shoes. Could they have had a guest who brought them in, in which case they were not negligent. As you can see there is a myriad of options. Knowing how the bedbugs got there and proving it are two completely different things once you get to court. Even if you were able to prove that this tenant brought them in, what does your lease say about damages caused by the tenant? Must the tenant be "negligent" or careless before the security deposit defaults? The act of simply bringing home a bedbug, does not mean they were. Food for thought . Good luck
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bait
senior member
Joined: Jul '08
Posts: 520
Posted 1 year ago
Sat Jan 3 2009 12:58:51
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Hi Betty. A couple of thoughts.
First let me say that I believe your story, but unfortunately it doesn't end there.
I agree with the idea of returning the deposit. Assuming you still have the busgs, what you don't need now is a Brooklyn L&T case. You have enought problems. Your home, r/e investment and rental income are far more valuable. Face the fact that those of us dealing with bbs have suffered big monetary losses -- mine has topped $10,000.
You'll have to bone up on some bb facts, but it is possible that the remodeling work is the "cause". A worker can carry them in their vacuums, on drop cloths, etc. Also, the building materials can be infested, or the trucks things are hauled in. It's very difficult to know for sure. The tenant's only fault is in not telling you sooner.
The two adjoining houses may want to go in on an all-in eradication method and schedule. You'll increase your odds.
Lastly, no one wants bedbugs. No one. The entire population will have to eventually deal with this. You just happen to be in the front lines.
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Personally, I would return the security deposit for a number of reasons.
If the applicable landlord - tenant laws require the landlord to pay for pest control, then I don't think it is appropriate to deduct any of the expenses for pest control from a security deposit.
Second, you pointed out that "they were never here because of their fear, and our constant treating." I think that there is a possibility that some of the rent may be abated & it may end up costing you much more than just the return of the deposit.
I also agree with NotSoLucky's view about the extreme difficulty of proving that the tenant was the source of the infestation in court.
The tenant is a victim here too...bed bugs are an exposure pest. Getting bed bugs is much like catching a cold or the flu.... it is unlikely that the tenants deliberately introduced bed bugs into the unit with malicious intent.
At the same time, I can understand that this has been a total nightmare for you as the property owner. I think a lot of property owners will be facing financial ruin as a result of intractable infestations. My heart goes out to you.
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Beth
newbite
Joined: Jan '10
Posts: 129
Posted 1 month ago
Sun Feb 14 2010 22:38:35
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I am suing my landlord. Landlords don't seem to understand in many jurisdictions infestations, no matter how they are brought in, are their responsibility. In my state it is called "warranty of habitability". With bedbugs it is nearly impossible to tell who brought them in, if it was an old tenant, etc. My landlord didn't treat, I had to front the money, that is why I am suing. But really, bugs are bugs. Your tenants were not negligent, they told you right away. Sorry to say, this is why landlords have insurance. And why I'd never be a landlord. I am sorry for your anguish, but it seem legally in most jurisdictions you cannot withold security for this reason.
Also it makes no sense why you'd have to remove all the wood. That's what pco's treat.
I'd give them their security.
beth
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eyehatebug
junior member
Joined: Sep '09
Posts: 35
Posted 1 month ago
Mon Feb 15 2010 2:12:57
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I think the stigma of bedbugs makes it easier to point fingers. If the apartment was infested with ants or mice, most landlords would certainly take care of the problem without a second thought. I know it's hard to talk about it like an ant problem because of the sheer cost of eradication, but talking is much better than dealing with lawyers etc. I don't know what state you are in but CA has a warranty of habitability as well as many other remedies that allow tenants to actually just leave their apartments and stay in a hotel, the costs of which to be deducted from their rent, or withhold the rent altogether in certain circumstances if there is a breach of this warranty. Also, (and again I am not giving you legal advice) but there is a law in CA that if you don't give a security deposit back on time or not for actual damages (or the other things you can withhold it for) the tenant is entitled to get 3x the sec deposit.
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The original post is quite old, so I imagine Betty's dealt with it by now.
But thinking about her situation... it's not your standard one. Most landlords are trouble, will rent out an infested apartment and screw a tennant. At least that's the story we see on here, on the registry, etc. When we got bed bugs, we knew it was from a friend and that we brought them into the complex (four apartments total). Still, my landlord offered to ask other tennants to make sure it wasn't them. Then when treatment came up, we paid for ours because it wasn't fair our landlord had to deal with a problem they honestly didn't create. They did shell out for the adjoining units to be inspected and dusted, though. I've since moved (mostly unrelated) and from what I've heard, there's been no problem since.
In this case, I can't imagine asking the landlord to pay for treatment. I'm shocked Betty was not only paying, but was asked to return the deposit. Very unfortunate. :(
I'd suggest the whole "Landlord is responsible" situation should be reviewed (where applicable), but I know it's a slippery slope. You start giving the landlord the benefit of the doubt, and it gets tougher on tennants-- sometimes folks who didn't have a problem until they moved into infested unit.
No easy answer here. I hope Betty wasn't sued or pursued any further.
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