Bedbugs... Who is Liable? Tenant? Landlord?
Hey- I live in a brownstone in North Park Slope. The unit includes 5 residential rentals in 1 building. We occupy the top floor. About two weeks ago, the landlord had to evict the tenant below our bedroom. Ever since, we have noticed being bitten at night. We found our first bedbug in our sheets…
Hey-
I live in a brownstone in North Park Slope. The unit includes 5 residential rentals in 1 building. We occupy the top floor.
About two weeks ago, the landlord had to evict the tenant below our bedroom. Ever since, we have noticed being bitten at night. We found our first bedbug in our sheets last night.
In NYC Landlord-Tenant law, who is responsible for the extermination costs? I am renting, and the owner occupies the bottom two floors of my building. I do not know if any other occupants have had bedbug issues, or if it is just my apartment.
We are due to renegotiate the least tomorrow, so I would like as much information as possible on who is possibly responsible.
That might determine whether we have to find another place (we already paid a pet deposit = 1 month’s rent when we moved in to cover damages, etc.).
Also, if there is law on the subject specific to NYC, are those laws capable of being overridden by a clause in a lease (I know some laws cannot be modified, even upon consent of the parties)?
Any input would be appreciated!
We are landlords and tenants at the same time – and my sister and my parents have both battled infestations in the last year and survived – so we see both sides of this. It’s hell but you can get through it.
If you have good landlords who will move quickly to detect and eradicate the problem from the entire building then it might be worth staying. You might want to hire a detection dog yourselves if your landlords are slow to do so (like TOMORROW), as they are really accurate and worth the cost. They can tell you exactly where the bugs are.
After my sister’s infestation we were concerned that we might have picked them up, so we hired a dog to inspect our loft (where we rent). Fortunately no bedbugs but the peace of mind was SO worth the $250!
Since these little f**kers tag along whether you stay in the apartment or move,
you will have to do a TON of work yourself — washing ALL your clothes in hot water
and then drying them for at least 40 minutes on high heat and then bagging them, putting ALL of your belongings in heat (run a hair dryer on books, papers etc or put them in the oven at the lowest temp for an hour with the door open). Get a bed bug proof cover for your mattress ASAP to prevent spreading.
There is also a heater called a Pack Tite that you can use for your stuff: http://www.bedbugsupply.com/PackTite-Bed-Bug-Treatment-Device_p_33.html?gclid=COLjm4CJlKMCFRpTgwodcHFbmw
As landlords, we have sent our tenants lots of info on bedbugs, have asked them not to bring used furniture or clothing into the building, and to be very vigilant.
We done what we can in terms of prevention education, but if a bedbug hitches a ride on one our tenants and we start to get an infestation I feel we will have to deal with it ASAP, even though we didn’t “cause” it. Shudder.
I dont think you mean broker – you mean the LLs managing agent –
fsrq – I am assuming the worst, because I know the landlord’s broker. The landlord is great. 90 yo woman who minds her business. Its her broker who is the pitbull.
I never said it was the LL fault that we got bedbugs. However, I do not believe we introduced them. If anything, its a no-fault situation (I believe they migrated from next door / downstairs tenant).
We verbally agreed to the increase in rent, not to any lease term. And that was before we discovered the bedbug issue.
The landlord has not said that, but his broker pretty much said that when we moved in (i.e. – no bedbugs now, so if they come in, we would have to pay for mitigation). Nothing in writing, though.
Just doing due diligence before we meet tomorrow. I am not going in with a “prick” attitude. I am going to inform them of the problem and ask them to take care of it. If they refuse, we will threaten to walk after the lease expires and to report the address to the bedbug registry (which I doubt the LL will want happening). Just getting my ammunition in order in case the LL’s broker backs us into a corner on the issue tomorrow.
Cheers!
Didnt you verbally agree to the new lease and rent?
Has the LL said he wouldnt take care of the BB situation?
Why are you assuming the worst, why are you intending to proactively go back on what you said prior – it isnt the LL fault that you got BB is it?
How about you just ask the LL to take care of the problem, if he isnt experienced with BB maybe you could assist him with the proper protocol (btw most reports are that the dogs arent much use, especially when you already know you got them).
In short how about not starting this off by being the prick and assuming everyone is your enemy. You might find that LL is very responsive and helpful – a situation you may not find when you move to your next apartment (that can very likely have BB too)
Yup. Already found the newyorkcityvsbedbugs.org site. That is where I got the Multiple Dwelling Law I quoted above (about LL being responsible in buildings with more than 3 units).
There are not any other weird exceptions, other than tenant negligence (which we definitely have not been… our apt is CLEAN)? Specific references to NY law would be appreciated (any lawyers / Real Estate professionals out there?).
The broker who reps the landlord is a REALLY slick / NYC type broker. Just want to make sure I am not walking into a gun fight with only knives…
Thanks again!
John
Calm down, jaguar.
Ah, bedbugs, the new hysteria in NYC. Inconvenient but hardly life threatening.
Ah, bedbugs, the new hysteria in NYC. Inconvenient but hardly life threatening.
Ah, bedbugs, the new hysteria in NYC. Inconvenient but hardly life threatening.