If bed bugs have been found in my apartment and my landlord has not had them exterminated in nearly a month shouldI have to pay rent?

I suspected bedbugs might have gotten into my apartment and informed my landlord. They had an inspection done quickly but neglected to schedule a follow up. It has been nearly a month and I haven’t been able to stay thee since. They have been avoiding my phone calls and and won’t return calls either.

Asked on December 2, 2011 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You do have legal recourse, but since taking action incorrectly against your landlord could result in you breaching your lease and being evicted, you should consult with an attorney in detail and person before acting. Some of your options are:

1) If you have provided written notice and a reasonable chance to correct the condition, you may be able to pay to have the bedbugs treated yourself, then deduct that cost--but no more--from your rent.

2) You may be entitled to monetary compensation, such as rent reduction (including a retroactive one) for the time you have been afflicted with bedbugs.

3) You could possibly have grounds to terminate your lease and move out.


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