Can I sue my landlord for bedbugs?

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Can I sue my landlord for bedbugs?

Asked on January 27, 2013 under Real Estate Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You did not give much by way of details.  Could you have brought them into your unit (perhaps you recently moved in and your mattress, et.c was contaminated in a moving van)? How long has the problem been going on? Is the entire building infested? When was your landlord made aware of the problem?

Assuming that you were not at fault, the problem is of long-standing and after being notified your landlord has not taken action to extermiate them, then you have certain rights. You can sue your landlord for breach of your lease; specifically the breach of the "warranty of habitability". This is a guarantee that a rental premises will be dekiered and maintained in a safe and sanitary condition.

You can also: exterminate your unit and deduct the cost from your rent; withhold rent until the problem is solved; or terminate your lease and defend any eviction action that may result.

At this point, consult with a local attorney who handles landlord-tenant cases as to your rights under specific state law.


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