bed bugs bothering woman in bed

Can I Sue my Landlord for Bedbugs?

In a word, yes. You absolutely can sue your landlord if there are bedbugs in your apartment – provided you follow the correct protocol for reporting the infestation beforehand. This type of lawsuit is known as a landlord negligence claim. With one, a tenant can claim that their landlord failed to adhere to the implied warranty of habitability. A few important components of this legal requirement are:

  • Provide trash receptacles and arrange trash pickup for the building
  • Keep all common areas in the building reasonably clean and safe for tenants and their guests
  • Properly maintaining all electrical, plumbing, and ventilation systems in the building and repairing them as necessary
  • Ensure that any toxins in the building, such as asbestos and lead paint, are encapsulated and pose no threat of harm to tenants
  • Exterminate any infestations that plague the building, such as rodents or insects

Notifying your Landlord of the Bedbugs

If you notice bed bugs in your apartment, notify your landlord of the infestation and keep a copy of the written notification. If you face pushback from your landlord when you choose to exercise your rights as a tenant, this document will show that you did report the problem and that your landlord did not remediate the issue. Be sure to include the date and time of the notice on your document and any photographs that can support your claim.

By law, landlords are required to disclose any bedbug infestations that occurred in their buildings in the previous year to new tenants. If your landlord did not make this disclosure and you later find that an infestation occurred, you can sue your landlord for violating this law.

Your Legal Options if your Landlord Does Not Remediate the Bedbugs

When your landlord does not take steps to exterminate the bedbugs in a timely manner, you have a few options. These include:

  • Withholding rent until the bedbugs are handled;
  • Leave the apartment and cancel the lease with only three days’ notice to your landlord; and
  • Hiring your own exterminator and subtracting the cost from your rent.

You should also report the infestation to the Department of Housing Preservation and Development (HPD). After doing so, the HUD will conduct an investigation of the apartment and if your landlord is found to be in violation of the implied warranty of habitability, HUD can issue a citation. You can also use the results of this investigation to support your landlord negligence claim if you end up in housing court.

Work with an Experienced Brooklyn Landlord Negligence Attorney

You have the right to live in a save, habitable apartment and when your apartment does not meet this standard, you have the right to work with an experienced landlord negligence lawyer to seek the repairs, compensation, or defense to landlord claims you need. Contact the Law Office of Jeffrey K. Kestenbaum today at (718) 237-5586 to schedule your free consultation with us.