Is my landlord liable to replace my bed, mattress and box spring if they becameinfested with bedbugs?

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Is my landlord liable to replace my bed, mattress and box spring if they becameinfested with bedbugs?

I have been in my apartment for 5 years. About 2 months ago, I discovered bedbugs in my bedroom. I notified my landlord right away. They have yet to send an exterminator out to remedy the situation. Now, the bedbugs are so bad that I have to get rid of my bed, mattress and box springs. I have notified the health department, who has sent out a letter to my landlord, but to no avail. My bed is only a couple years old and now I have to get rid of it. I just want to know if I can expect my landlord to replace my bed?

Asked on September 21, 2010 under Real Estate Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Every lease has an "implied warranty of habitability." This means the rented space must be safely inhabitable: clean, hygenience, pest free, etc. If a landlord has notice of conditions affecting health or safety, he or she has to take care of them.  If not, the tenant may have a cause of action to do one or more of the following: 1) pay for the necessary repairs (or extermination); (2) recover damages for monetary losses; (3) reduce the rent, at least until the condition is fixed; (4) get out of the lease. You should consult with an attorney who does landlord tenant law, to see whether, under these specific facts, you have a claim and what it might be worth. Good luck.


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