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Landlord/tenant law NY

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  1. Beth

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    Joined: Jan '10
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    Posted 7 years ago
    Thu Feb 10 2011 16:05:31

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    I told my landlord about the bed bug issue, and my chemical sensitivity. He suggested diy steam treatment. I told him, been there, done that, does he have any other vacant properties I could stay in while treatment took place. I have not heard from him. We are planning on going scorched earth soon with just laundry and pets and giving him a thirty day notice Feb. 15th although my partner may elect to stay if I can find a place to crash for free AND the landlord pays for treatment. That is a small possibility mostly because of the animals and also because I may have found a place to crash. It is more likely however we are moving as we know the failure rate of regular extermination here in Buffalo and it would separate us for months and put me at risk of reinfestation if we did visit (and she is new to the area so I am her only major contact) beginning a new job with a new car.

    So here are my bed bug landlord/tenant related questions, as NY (not NYC) law seems to be murky on the issue:

    1) I admitted to the landlord we likely brought them in, but not by negligence. Am I responsible for treatment?
    2) This is a two unit house, does that make a difference?
    3) I am planning on giving 30 days on Feb. 15. My lease reads that I must give a 28 day notice (I'm assuming to account for Feb). Do I owe him the rest of March's rent as the written agreement is 28 days? It says, "This Agreement and the tenancy hereby granted may be terminated by either party upon giving at least 28 days' ntoice to the other party at the end of the rental period." I'm assuming rental period means month as the title to the lease reads "Monthly Rental Agreement". Still, in NY, can you vacate with 28 days no matter the date? This is the most confusing part of the law for me, outside of the two unit house possibly not fitting into a "multi-unit dwelling" definition in NY.
    4) Will he be able to subtract treatment and not return my security deposit, legally?
    5) Do you think he might try to do that even if it's not legal?
    6)If it is legal, and the treatment fails, can I be sued for more money than my security deposit?
    7) If we show purchase of diatomaceous earth, steamer and pesticides and have used them in the home before moving, would this suffice as showing an attempt at treatment, thereby ensuring our security deposit?

    I'd love to pay for more treatment, but considering this was caused by a failed vikane extermination and failed dog clearance, I don't assume responsibility for actually bringing them in as I did everything humanly possible short of running naked in the streets. But I would like the place to be treated, obviously, before someone else moves in, which is why we told him. He is a nice guy with not a lot of money himself. We are even willing to buy stronger pesticides and spray them ourselves just before moving out if this would help us get our security back and him get rid of the bugs. Which ones would anyone suggest? We are thinking Dead Bed Bug residual and Pyganic Dust. If we lived outside of NY we'd go with Suspend and Phantom.

    Thank you-

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