Can I sue my ex-landlord for not giving me our first months rent back, f we had to move because the house was infested with bed bugs?

We paid 1st months rent and moved most of our things in. We were going to spend out first night there and we went into our bedroom and saw a bug on our bed. I wondered where it came from because we are very clean people. I looked down and saw more of them. I knew they were bed bugs because I watched a show on them. There were hundreds of them living in the woodwork. I have pictures. To make a long story short, we now have no living room furniture, no bed, and my daughter doesn’t have a bed. She will not give us any money back. She said we brought them there. Which isn’t true. Do I have a case?

Asked on July 20, 2012 under Real Estate Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not your landlord is required to return you first month's rent after you moved out of the rental due to bed bug infestation depends upon what the presumed written lease you have states and whether or not your rental received a health code violation from your local health department due to the bed bug infestation.

As such, I suggest that you carefully read your written lease assuming you have one in that its terms and conditions control the obligations owed to you by the landlord and vice versa.

My initial impression is that you may have to bring a small claims action to get the return of your first month's rent from your landlord.

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