Is there any way to have our apartment management reimburse the value of our furniture due to a pest infestation?

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Is there any way to have our apartment management reimburse the value of our furniture due to a pest infestation?

We are not able to move into other apartments just from them knowing the apartments that we are coming. They don’t want us to bring in any of the furniture we had in the infested apartment. They said we need to either buy all new furniture or they will not let us move in.

Asked on November 28, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue is, who was responsible for the infestation? If the infestation was due to something the apartment management did or failed to do--e.g. it occured because they did not properly treat an infestation in a neighboring apartment; or because they did not collect garbage properly; or failed to do annual treatments, if the lease requires them to do so; etc.--then they would be responsible for the consequences of the infestation, including your furniture  loss. But  if they were not the cause or contributing factor for the infestation--it was brought  in by a neighbor, but management acted properly to treat it; it was due to you not maintaining or cleaning your apartment correctly; etc.--they would not be liable for your furniture. The would only be liable if at fault in some way.


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