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!
yeah move AND throw out all your stuff that isnt plastic. i would. gross.
Easy for you to say – that is a very very expensive decision for many – and whats worse in 2010 NYC you run the very real possibility that you throw out everything and move and then 6mo later you get them again. BEDBUGS are EVERYWHERE in this city – people keep it on the QT but they are EVERYWHERE.
Thanks for the input guys/gals. Being new to NYC, we really do not know the ins and outs of landlord/tenant law yet.
I think we are going to request that they hire one of the sniffing dogs to see if they can target the source. If they don’t we will just move, and have everything cleaned properly (clothes, etc.). The bed should be fine, as I said we can break it down and wash/treat individual components. Its not like a standard mattress, where you would have to ruin it by cutting it open to treat the inside (matress unzips, and air bladders / foam / matress exterior wrap can all be removed / cleaned individually, as well as sniffed individually by the dog).
Also, there has been TONS of renovations going on next door (gut renovation), so I could see them possibly coming to our apartment as a result of the work (if their apt was infested originally, the construction might drive the bedbugs next door to our unit).
Just a matter of how much the landlord wants to fight me on this. It sounds like I have all the leverage with the lease ending and all…
John,
Bedbugs don’t feed off of animals. only humans. your animals are fine and dont need any special kind of treatment. they are nothing like ticks really.
*rob*
oh wait youve been sleeping on the couch? not a smart move. youre essentially luring them from the bed to the couch, that’s how they migrate and spread. you should have just gotten a mattress cover for your mattress and continue to sleep on that until the extermination. now your couch probably has some!!
but it sounds like you are doing the right thing getting him to exterminate and if he doesnt terminating the lease.
*rob*
what the hell do you mean you cant move away? yes, you can. you just get your clothing steam cleaned with harsh chemicals (there are places tht do it for people who had bedbugs). just leave all your furniture and take valuables. nothing made of cloth, or wood, etc, just depends on your level of infestation.
*rob*
yeah move AND throw out all your stuff that isnt plastic. i would. gross.
and i think it’s kind of annoying that the landlord is held responsible.. it’s an extremely expensive regimen. tho i guess if you move, they will have to exterminate anyway.
*rob*
Interesting. We are not sure we want to pick up and leave just yet. In addition, the landlord wants to raise rent $200/month (which we orally agreed to prior to the bedbugs showing up), but this might change things.
Like I said, we have not had an issue in almost a year of living there.
And the building has 5 units in it. I believe NYC Multiple Dwelling Law applies to units of 3 or more units, that are located in a city with population of over 325,000 (brooklyn definitely has that).
I want to say its the landlord’s responsability to exterminate them in our case. If someone can confirm, we will probably give the landlord ultimatum of either exterminating them, or having us not renew the lease (it expires at end of August). If they want us to stay, we will definitely get something in writing about them being responsible for extermination / prevention. That way, we can prove “contructive eviction” if they do not get rid of the problem (and we can just walk from the property).
Also, we have a Sleep Number matress / platform, so we can break it down / wash the individual components to make sure there are none left. We have been sleeping on the couch the past few nights, and have not noticed any more biting in that end of the apartment. It seems to be confined to our bed.
Also, we have a dog and a cat. Do they need to get dipped after the extermination (not sure if bedbugs can live on animals or not… like fleas/ticks)?
Thanks!
John
agee – what sense would it make to move AFTER the BB problem is solved (assuming the tenant likes the apartment/rent) – I agree you cant move ‘away’ from the BB but if the problem gets solved WHY would the tenant move then?
Landlord is responsible (which is absolutely ridiculous) but Rob your advice is ridiculous – if you have BB – you cant “move” away from them unless you leave all your stuff behind and there is nowhere to move where you can be assured you wont have the again anyway – since even if you dont bring them with you, 20% of all apartments (or some other crazy high number) are estimated to have been or be infested.