What can a tenant do about a landlord’s use of dangerous pest control chemicals?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can a tenant do about a landlord’s use of dangerous pest control chemicals?

I live in an apartment community that has recently been sold. Our new owners are making chemical pest control mandatory. They sprayed 3 months ago and I suffered a miscarriage shortly thereafter. The information I’ve gathered urges women in early pregnancy to avoid all types of bug sprays. The type used in our apartment are growth inhibitors and attractants. Religiously I think that we are to care for all animals and deter from our homes not kill them or make them sterile. Any thoughts on how to keep the unwanted chemicals from being sprayed in my home?

Asked on April 27, 2011 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) With respect, forget about your religious beliefs; in this context, they do not  matter. You can't make a landlord not take actions against pests because of your beliefs. This is not to slight or belittle your beliefs; however, they are not a factor here.

2)  If the landlord is generally using unsafe/unapproved chemicals, or chemicals in an unsafe way, you may have a cause of action against them for both damages (i.e. compensation) and for an order preventing them from doing this again.

3) Similarly, if it was unsafe for  the landlord to not provide a notice of possible dangers to pregnant women, it may be the case where even if the chemicals are otherwise safe, that you would have a cause of action against your landlord.

4) If you can show some particular susceptibility to a class of chemicals, it *may* be possible to require the landlord to use different methods.

If you believe that you suffered a miscarriage due to the spraying, etc., or are worried about future health consequences, you should consult with an attorney about this matter. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption