my landlord did not inform me that my new apartment is infested with bed bugs!

My jurisdiction is: brooklyn ny

my landlord did not make me aware that my new apartment (the entire building) is infested with bed bugs. she is paying for the exterminators but some of the tenants are very uncooperative and are refusing to have their apartments exterminated so the problem will not go away. on top of all this i with held about $900.00 from my november rent because that is what i spent on mattress covers and laundry. i did not deduct any of the clothes and suitcases i had to throw away because they were ruined.

she is now threatening to take me to court and try to evict me because i gave her a stack of receipts (and a letter explaining why) instead of the full rent for the month. i have paid my rent since this but they have not cashed my november rent.

what are my rights here? can i withhold that rent? she knew that the apartment was infested and moved us in anyway, can i take her to court for a rent reduction? i went to the brooklyn housing court today but they would not tell me what my rights are or what i should do.

In your state, there are steps to withhold rent if an issue/repair is not addressed by the landlord. These are very specific and need to be followed closely:

http://www.nls.org/housing/withhold.htm

Your problem would seem to be twofold: 1. your email does not indicate that you followed the guidelines as stated in the attached; you simply felt you could withhold rent because you bought new mattress covers and did laundry (and honestly; did doing both of the things really add up to $900??) and 2. from your email it appears that your landlord IS addressing the issue, even if not all of the other tenants are being cooperative. This is a bit different than a landlord ignoring an issue entirely.

Thus if you went to court your landlord might be justified in having the eviction for nonpayment of rent approved. Often one can never tell which way a case will be decided.

Gail

Gail in Georgia said:

In your state, there are steps to withhold rent if an issue/repair is not addressed by the landlord. These are very specific and need to be followed closely:


Your problem would seem to be twofold: 1. your email does not indicate that you followed the guidelines as stated in the attached; you simply felt you could withhold rent because you bought new mattress covers and did laundry (and honestly; did doing both of the things really add up to $900??) and 2. from your email it appears that your landlord IS addressing the issue, even if not all of the other tenants are being cooperative. This is a bit different than a landlord ignoring an issue entirely.

Thus if you went to court your landlord might be justified in having the eviction for nonpayment of rent approved. Often one can never tell which way a case will be decided.

Gail

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yes the items did add up to $900.00. (thanks for not believing me i have receipts for everything) 5 mattress covers at 89.00 each (futon and two mattresses and two box springs, a lot cheaper than buying two new mattresses and box springs as well as a new futon cushion for my couch) that were specifically labeled "bed bugs" and i had to wash every item in my apartment in very hot water. including futon covers, curtains, sheets, bed spreads, clothes of both my roommate and i. i also work in the textile industry and have a large trunk full of fabric that i had to wash as well. my entire apartment was torn apart and it cost us $375.00 to do the laundry. i was able to get receipts and have since put most of my clothes and fabrics in plastic bins and i only have to wash about 1/3 of my apartment every time we get exterminated. we are up to number 5 now. each time i have to remove all of my curtains and bed covers and wash them. i have thrown away countless items of ruined clothes and a pile of very expensive yarn that i did not deduct from my rent. also it has been 47 days since i mailed the rent,the receipts and the letter informing my landlord that i will not be paying full rent. they have not yet cashed my check but also have not returned my phone calls regarding the uncashed check. i sent a letter today asking them to cash it just in case i do have to go to court. i have many records proving that my landlord was fully aware that she moved me into an apartment that is infested with bed bugs and have filed complaints with the city.

also i read your link and it looks like i did do everything right. i wrote the landlord a letter a long with withholding the rent, they have taken there time to dispute it and i have covered all of my bases here. i am also taking to the exterminators that they fired to get proof that they knew the apartment was infested prior to moving me in. i would never have taken this apartment had i known i would have to go through all of this every two weeks, that on top of there are bugs in my bed biting me!

If you believe that you have all bases covered, then you should do well in court should your landlord decide to file a lawsuit against you.

Gail