Can Bed Bugs Break Your Lease?
WouterIf bedbugs infest your rental property, you may be wondering whether you can break your lease. The answer depends on your state’s law, but in general, you can sue your landlord for damages caused by infestation. However, this method is not always successful, and you may need to consult an attorney to protect your interests. For instance, New York State law does not recognize the right to deduct the costs of bedbug extermination. Instead, a judge will look at the amount of notice the tenant gave the landlord and the actual costs of extermination. If you are able to prove that you provided your landlord with reasonable notice of the infestation and paid a reasonable amount for extermination, you can claim damages against your landlord and move out of the unit.
In addition, bedbug infestations often affect more than one apartment. If your apartment has a bad infestation, you may be able to break your lease by proving that the apartment is uninhabitable, and that other tenants have similar problems. However, you should note that bedbug infestations may not be covered by a landlord’s insurance, and you may not be able to claim damages against them.
In addition to filing a lawsuit, it is important to document the infestation with photos and correspondence. You should also retain copies of any correspondence between you and your landlord. You should also do some legal research. In 2004, a case came to light in which tenants withheld rent until their bedbug infestation was resolved.
