Apartment Bed Bug Lawyer - Sue a Landlord for Bed Bug Bites
The answer is yes in most cases, if the situation is right and the proper evidence is gathered you can sue your landlord for a bed bug infestation. You will have the most grounds for a lawsuit when the landlord had been prior notified about a problem but consistently fails to resolve the issue.
In this case you can sue your landlord for both monetary and non-monetary damages sustained.
Our team of specialists can help you file an apartment building lawsuit and sue the property owner for your injuries.
We connect you with experienced and licensed lawyers in your state that know the laws regarding bed bugs and apartments.
The following are a few frequently asked questions that our team gets asked regarding apartments and bed bugs:
- Can I sue my landlord for a bed bug infestation?
- Can I sue the apartment building owner for bed bugs?
- Are apartment building owners liable for bed bugs?
- Are landlords responsible for bed bugs?
- Is the apartment complex liable for my bed bug infestation?
In these cases there are many factors that need to be considered related to whether you have a case. We’ll connect you with an experienced apartment bed bug attorney who will discuss the details of your case free of charge.
Before you move forward with legal proceedings, it’s very important that you understand what to do when your apartment is infested with bed bugs.
Bed Bugs and Your Apartment
Bed bug problems are becoming more and more common in apartment complexes and apartment communities.
More than ever it’s extremely crucial for both tenants (potential victims) and landlords to understand these creatures and what needs to be done to eliminate or prevent an infestation.
Bed bugs are no longer a rare case, chances are you or a loved one have been impacted by bed bugs on some level in the past.
Since the year 2000, bed bugs have remerged as a notable pest in North America. Bed bugs are typically introduced to a new apartment in the following ways:
- Crawl through cracks of walls/ceilings from an adjacent apartment
- Carried via luggage or other personal belongings
- Carried from somebody’s clothes that were previously infested
If you think you see a bed bug in your apartment try and capture it in a full proof container. Take the container to your landlord or apartment manager to confirm that it is indeed a bed bug.
If you cannot capture one of these insects you should call a bed bug professional to do a formal inspection.
How do I Remove Bed Bugs from My Apartment?
Before you do anything to remove an infestation, it’s best to alert the building manager right away (preferably by phone or through a written complaint).
In some housing a manager coordinated by a professional bed bug control unit would be needed because bed bugs can spread from apartment to apartment.
If one apartment is infested, the adjoining units (both left and right side, above, and below) will be vulnerable to an infestation. It is important to do more rather than simply asking tenants whether they have bed bugs.
These creatures are extremely good at hiding (especially during the day) so it’s important to do a formal inspection.
In a recent bed bug survey – only HALF of residents knew or admitted they had a bed bug problem in their unit.
Treatment is very labor intensive and can take many hours per unit. It may also take multiple visits depending on the following factors:
- Level of infestation
- Size of the unit
- Resistance to pesticides
- Time of the infestation
What Are My Responsibilities as a Tenant?
As mentioned above, your first responsibility is to report the suspected problem as soon as possible. Once an appointment is made for bed bug treatment, it’s necessary to prepare the apartment accordingly to makes your personal belongings are not damaged.
Don’t move anything to other apartments during the treatment, that could risk spreading bed bugs to other units and possibly reintroduce an infestation to a since treated apartment.
All loose items (especially things on the ground) should be double bagged and moved off premise.
Clutter makes it more difficult for pest control groups to inspect all parts of the apartment, providing more areas for these insects to hide and go unnoticed.
Before bringing these items back to your apartment and should make sure all items are cleaned appropriately.
For example, all clothes need to be washed and put in the dryer on high heat multiple times to ensure they are clean from any living bed bugs.
They should specifically be dry cleaned, washed in hot water, or tumble trying for 30 minutes should kill all stages of bed bugs.
Here are a few other action items and to dos when it comes to preparing your apartment for bed bug control.
- Even though bed bug infestations focus on bedrooms and living rooms, all food should be put away from any dining areas.
- Instead of throwing out your mattress (which may have been very expensive), buy a bug proof mattress encasement.
- Vacuum couches, chairs and recliners
- Empty all drawers and night stands prior to treatment
It’s critical. To cooperate with the apartment building management and with pest control professionals to ensure bed bug control.
Once fully established, an infestation can be difficult to control especially without the help of apartment tenants.
Can My Landlord use House Staff to Treat Bed Bugs?
In some states (Texas for example), pests need to e treated by a licensed pesticide applicator.
Unless the apartment employee enters your home to control bed bugs is fully licensed and certified, this could technically be illegal.
Illegal activity by any unlicensed professional includes the use of over the counter pesticide removal (or other potentially toxic chemicals), heat treatments or any other non-chemical method.
This includes not only bed bugs, but any control pests that are similar such as fleas, cockroaches, rats, mice, etc..
Now that you know what to do when your apartment is infested with bed bugs, lets take a step back and understand what bed bugs are.
Bed Bug Details & Facts
Bed bugs are small insects that feed on blood from humans, they are nocturnal and tend to hide during the day. Bed bugs will build up their nests while their victims sleep and prefer dark and damp areas.
These insects are skilled at hiding and migrate to spots with little foot traffic that are not exposed very often.
Bed bugs can be identified by their musty, unsatisfying smell, where droppings or bed bug shells have been shed, small eggs, or droppings.
Typically, these insects are a dark brown color and have flat bodies, however when they feast they tend to swell and become more rounded.
How Do I know If I was Bitten By Bed Bugs?
Sometimes it’s not easy to tell right away that you were bitten. There are instances where these bites don’t show up for weeks after the incident. They actually have an antiseptic in their saliva that prevents victims from feeling pain at time of the bites.
They’re also able to feed on your blood for minutes at a time because their saliva also contains an anti-coagulant that prevents blood from clotting at the spot of attack.
These bites have the following traits:
- Will show up as welts, bumps, or blisters
- May show up in a zig zag pattern
- Often times you’ll have bites that are three in a row
- They can show up on any part of your body
There are cases where people reported allergic reactions to the bites. If you’re curious whether bites are from bed bugs or fleas, pay attention the pattern of the bites and level of irritation.
Flea bites can be much itchier in the short term while bed bugs typically last longer on the skin.
Bites can show up instantaneously or sometimes not until days after the incident occurred. Try not to scratch these bites as they can fester and turn into sores.
Are Landlords responsible for Bed Bugs at their Properties?
Absolutely – Landlords are responsible for bed bugs especially if the infestation was present already before you moved in.
Landlords are required to clean all units and maintain a safe living environment for their tenants. Otherwise they may be liable for breach of many laws and legal duties.
If you were bitten by bed bugs are are curious if you are eligible for monetary compensation you will need us to connect you with an experienced bed bug attorney who can guide you through the process.
Do Landlords/Property Owners Have to Disclose a Bed Bug Infestation?
Yes indeed they do – Landlords must disclose bed bugs if there are newer tenants or if there has been a history of bed bug infestations.
If there were numerous lawsuits against apartments that the landlord is involved with they may be required to let you know.
If there are any current hazards present you do have a legal right to be informed about it. If you are not informed, you reserve the right to sue for failure to disclose something that is habitable housing.
How to Sue Your Apartment for Bed Bugs?
You’re eligible to take the following steps to suing a landlord or apartment owner for an existing or past bed bug infestation (as long as it’s within the statute of limitations).
To accelerate your case and increase the changes of a successful lawsuit you should take the following steps immediately following a bed bug incident.
- Seek immediate medical attention for all injuries. Make sure they are properly treated so that you can begin the recovery process.
- Take pictures or videos of your injuries
- Try and locate the origin of the infestation (ideally the nest) and take pictures making it clear that you’re in the apartment
- Keep a copy of the lease agreement
- Hire a certified pest control specialist eliminate bed bugs from the room
- Double bag your belongings and make sure everything is cleaned accordingly
- Report the problem to your landlord or Property Owner
- Contact us to ensure you can get connected with a lawyer who can help.
It’s very important that you move forward with a bed bug lawsuit so that you are not denied compensation for your injuries.
Landlords will often times try to cover up the situation and withhold rent or security deposits when you try to break the lease. If that occurs your landlord could be in major legal trouble.
You should see that the landlord compensates you and deducts the costs associated from your rent.
Establishing Landlord Negligence
In most situations there are a couple main elements required in order to effectively establish negligence in a bed bug lawsuit.
There consists of the warranty of habitability laws and breach of duty. You’re able to file a premises liability claim against the owner if you prove they knew about bed bugs are decided not to take the proper measures to eliminate them.
In some cases the tenant brought in infested furniture or the infestation from his/her belongings, if this was the case you would not be able to file a bed bug claim.
Compensation Available from a Bed Bugs in Apartments Case
There are situations where bed bug cases can be worth over $200,000 ins compensation for medical expenses and physical injuries.
Situations where all of the apartment’s furnishings from a furniture store need to be replaced will increase the number of the overall judgement.
Landlords need to pay to exterminate bed bugs that a tenant has not yet introduced.
As long as you’re able to prove that bed bugs were present prior to moving in, you should be able to get compensation for your injuries and lost wages.
Let our specialists help you find a lawyer that is licensed and specializes in bed bug infestations in apartment or hotel cases.
We will proceed with discussing you case and reviewing your eligibility to receive compensation for. Your injuries.
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