Breaking a Lease BedBug Infestation

[MP1234]

My apartment has been infested with bedbugs since December of 2012. The building management did not want to treat my apartment until I found an actual specimen of a bedbug and put in a bag to show it to them. That finally happened in June 2013. Since then the property manager has sent the exterminator to us 4 times and the problem still persists. The last time the exterminator was there he commented that he had been treating our neighbors apartment for bedbugs for over a year and that the problem originated with them. I had to report to my job that I had an infestation at home so that they could allow me the time off to stay at home every time the exterminator showed up. My job also spent money treating my work space since they didnt want the infestation to spread. I have had to see a doctor for the severe reactions to the bites. Most of my clothing, bedding, shoes, and other furniture had to be thrown out. I know this story is not different from anyone else who has suffered through a bedbug infestation. I say all this to ask since building management knew the infestation was prevalent and did nothing to prevent it could they be held liable for all the time and money I spent to try to get rid of these things? Could I break my lease if the building management has failed to treat these infestation in the next 6 months with any monetary penalties? Is it enough that they are just barely treating the problem and not actively or aggresively trying to get rid of the bedbugs?


Any help anyone can extend to me would be greatly appreciated! Thanks so much!

 

[Michael Wechsler]

With such an aggressive track record and with proof of what you've mentioned about the bedbug issue and your need for treatment, I would think that you could be considered to be able to use "constructive eviction" as a defense to breaking your lease. If you intend to do so, you'll probably want to give your landlord written notice of your termination of the lease as a result of this situation. While I cannot tell you what to do without a full legal consultation, from my experience, such a case would probably not make it to landlord tenant court. If the landlord showed, I doubt the judge would be amused. What is important is your claim that there was a bedbug problem originated in the building. This was not an isolated issue where you, personally, had a bedbug problem and needed to replace your mattress and fumigate your apartment. I hope you were successful finding a new place and leaving the old.