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Help! Can I terminate my lease or possibly sue my landlord?!?

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  1. rose

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    Joined: Dec '12
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    Posted 6 years ago
    Mon Dec 10 2012 21:43:53
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    I was very interested in a particular apartment home so I scheduled for a tour back in mid Aug of 2012. I needed to upgrade to a two bedroom because my daughters needs was way to much a one bedroom to handle. This was going to be my second home if I decided to stay. I fell in love with the place. Although I only got a tour of the MODEL apartment, not the actual apartment I was getting because it was being cleaned, new carpetuping, etc. (Same model as MODEL apartment). I did see the ACTUAL apartment while it was renovated before moving in a couple of weeks. I made my deposit & everything else. Moved in late Sept. As all tenants do for all apartments when you first move in, you have to inspect the place right? My lord, they just handed me the inspection sheet, said welcome home, & left me. I inspected the bathroom in my room & they haven't cleaned the debris that was left in the shower stall. My curtains were missing a panel. My balcony lock DID NOT LOCK. ( I'm assumming the last tenants used wooden sticks to block from sliding open because its still there untouched), things were pealing off the vanity in my other bathroom. I'm thinking...why the*$%# am I paying $925 every month for this?!? So I wrote all of that down & returned to the office while keeping the yellow copy.. Now, to the story. After about a month or so, my husband found a bb on my daughters notebook in her room loaded with blood. But I'm like...we haven't gotten bitten. I did all my research on how they looked & etc. It was a adult BB. My husband eventually killed it. I don't know why it was loaded with blood but no signs of bite marks on us. I thought maybe it was nothing to worry about...WRONG!!!! After a few weeks past, I was the only one getting painful bites. Then my daughter, the my husband. But i was the most serverly bitten. I called the landlord & told her the problem. She pinpointed it on me. Telling me I must of brought it in while moving or could of contracted it from my old place. No, I never had this problem...EVER at my old place. My mattress was sealed & covered while in the moving process. I did my own investigation. I checked around my mattress & lifted up the corners for potential hiders. Nada. As I looked at the wall here I slept, there's a phone outlet. I used my cell flashlight to peek inside & there were tons of sheddings from Bb's. How do I know? Researching. The landlord did contact the pest control guy & they did treatments. The last treatment was just last week Thursday. But what I want to know is, is it possible to get my deposit back & terminate my lease. They clearly did not set up my apartment the way it was suppose to be before I move in. & seems like this place was already infested with bb before I moved in because the first bed bug we found was loaded & we had no bites whatsoever. & not forgetting to mention there were bb sheddings in the phone outlet. I was wondering if its possible to sue as well for the damage & giving me the place while infested. I'm tired of waking up on days where I get a painful bite where I can't work. Or having to wake up & check on my baby for bites. Having to spend so much to keep washing all my belongings. I can't take this anymore. Even with the last treatment last week, I have had a few bites. I know it will take some time to know if they'll vanish but I'm not gonna risk having my baby scar up like this if not resolved.

  2. Nobugsonme

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    Posted 6 years ago
    Mon Dec 10 2012 21:55:47
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    If you want to know whether you can terminate the lease and get your deposit back, you need legal advice. At the very least, you might call a local tenants' organization. A local legal aid service may be available also. You need to talk to someone who knows the local laws well.

    If you want to know whether you might have a case for a lawsuit, then you need advice from a lawyer.

    In some places like NYC there are disclosure laws, where the landlord has to distribute a form before you sign the lease disclosing any bed bug issues in the building for 12 months prior. Even if they did not do this, I am to sure what your rights would be.

    I don't know where you are. However, the law there may only state that landlords have to eliminate the problem and you may not have the right to break the lease and keep the deposit if they have complied with the laws as it sounds like they may have. I stress that this is all speculation and not legal advice --I am not a lawyer, or a housing expert, and keep in mind no one should be giving you legal advice anonymously on the Internet.

    I started and run the site but am "not an expert."

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