Bed Bugs

[IHW]

I recently discovered I have these and it has caused me to throw out nearly half my belongings. Not to mention the hundreds and hundreds of dollars trying to exterminate the dang things. Plus, sleeping on the floor for two weeks. Still have 'em too. I have been seeing them on the walls of my bedroom and i tape over them. If they don't go away soon, then I may consider trying to take legal action against my home owner. I don't know if I could because its in our lease that he don't spray for insects, but every exterminator I have talked to said they are likely to be in the whole apartment complex.

Fuck you, Bed Bugs.

 

[Mr. Artistic guy]

That's some bad shit Brad. I feel for you.

 

[Rayne]

I recently discovered I have these and it has caused me to throw out nearly half my belongings. Not to mention the hundreds and hundreds of dollars trying to exterminate the dang things. Plus, sleeping on the floor for two weeks. Still have 'em too. I have been seeing them on the walls of my bedroom and i tape over them. If they don't go away soon, then I may consider trying to take legal action against my home owner. I don't know if I could because its in our lease that he don't spray for insects, but every exterminator I have talked to said they are likely to be in the whole apartment complex.

Fuck you, Bed Bugs.

Wow, a lease where your owner states he doesn't spray for insect infestation? What state/country do you live in?

I've had bed bugs in my apartment. My landlord definitely didn't want to spray for them as it's quite expensive, but I pressed the case that he was legally responsible to, and that I would withhold rent (permitted in my state- maybe not in yours) until he did spray.

First off, they aren't going to go away on their own, and if you're noticing them crawling up the walls, they are definitely all over the apartment complex. The little fuckers can go for a month- sometimes up to two- without feeding, although they prefer to feed every 2-10 days. If you're seeing them at times other then when they're trying to feed, they are fucking everywhere in your apartment.

There are a couple of things you can do to help ease the problem, although the only thing that will eliminate it- and that only maybe- is an exterminator.First, check the tenant laws for your state!!!!! Your landlord might say he doesn't spray for insects in the lease, but that's meaningless if tenant law in your state requires landlords to furnish housing free of infestation- and it would be far from the first landlord I've heard of who's tried to put illegal clauses in their lease.

After that, you can go about killing a good percentage of them. Bedbugs go dormant at around 80 degrees F, start dying at around 100 (why they aren't a problem in the southern states), and die in 15 minutes at 150 degrees F. Is your bed on a stand which elevates it off of the ground? If so, wash/dry all of your bedding, and put a mattress cover over your boxspring and mattress. (Don't skimp- if you tear a hole in it while putting it on, you've defeated the purpose.) The bed bugs can't get out of the mattress now, and will die within two months. Anything you run through the dryer for long enough will also kill the bed bugs.

If an exterminator comes- and if your landlord won't hire one and you can't force his hand, move out- you'll want to be sure your landlord pays to have him come twice, a month apart. Exterminators can kill all but the egg stage of the bed bugs. Those eggs take about a month to hatch, so an exterminator can come through and kill all the bed bugs, only to have them come back later. Once the eggs hatch, but before they can grow and reproduce, the exterminator comes back a second time to mop up.

 

[IHW]

My dryer has been running constantly.

I live in Kentucky. I haven't looked into the laws yet, but certainly am going to soon. Things are starting to tick me off.

 

[Steamboat Ricky]

My dryer has been running constantly.

I live in Kentucky. I haven't looked into the laws yet, but certainly am going to soon. Things are starting to tick me off.

I see what you did there.

 

[George Steele's Barber]

Rayne with the most kind and helpful post in WZF history. That brings the number of helpful posts in WZF history to four.

I was going to tell him to stop having unprotected sex with farm animals.

 

[Rayne]

Did a little bit of google search for you. From http://tenant.net/Other_Areas/Kentucky/ltguide.html#3seca

Landlord's Duties

KRS 383.590 of the Landlord/Tenant Act requires the landlord to: * adhere to all building and housing codes that affect health and safety. Such codes include any laws or regulations pertaining to the habitability, construction, maintenance, occupancy, use, or appearance of the dwelling unit. (KRS 383.545)
* make all repairs and do whatever is necessary to put and maintain the premises in a fit and habitable condition
* keep all common areas of the premises in a clean and safe condition
* maintain in good working order and condition all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances (including elevators) supplied or required to be supplied by the landlord
* supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1 (unless the tenant has control over this supply), and
* provide written notice of the names of the manager and owner of the property (KRS 383.585).
The tenant and landlord may, if they wish, agree in writing that the tenant will be responsible for certain repairs, maintenance, alterations, and remodeling, or, in the case of a single family residence, that the tenant will supply water and heat. This agreement is valid only if it does not diminish the landlord's obligation to other tenants or is not for the purpose of evading the landlord's legally established duties.
From time to time, during the time during the term of the lease, a landlord may also adopt rules concerning the tenants use and occupancy of the premises (KRS 383.610).
Such rules are enforceable against the tenant only if:
* their purpose is to promote the convenience, safety, or welfare of the tenants in the premises, or to preserve the landlord's property from abuse
* they apply to all tenants in a fair and non-discriminating manner
* they are sufficiently explicit in their prohibition, limitation, or direction of the tenants conduct to fairly inform the tenant of what must and must not be done to comply
* they are not for the purpose of evading the legal obligations of the landlord
* they are reasonably related to the purpose for which they are adopted, and
* the tenant has written notice of them at the time the lease is signed.
A rule or regulation suggested any time after the lease is signed that substantially alters the original terms of the lease is not valid unless the tenant consents to it in writing. For instance, a landlord's decision to exclude pets from the property would substantially modify the intent of the lease. If the lease had already been signed, the rule would be valid only if the tenant agrees to it in writing. On the other hand, a rule not allowing loud stereo music after midnight would not change the original lease in a major way, so, in this case, the tenant's consent would not be necessary. Legal guidance is recommended if there is any doubt as to the applicability of this area of the Landlord/Tenant Act involving rules and regulations required by the landlord. (KRS 383.610).
NOTE: If the landlord sells the rental property, he is relieved of all liability as to any events that occur after the tenant is given notice of the sale. If the tenant finds any violation of the Landlord/Tenant Act after this time, the new landlord is liable (KRS 383.600).

Right to Deduct from the Rent. When the landlord fails to comply with the provisions of the lease or the Landlord/Tenant Act in a manner that affects the health and safety of the tenant, the tenant may make his own repairs and deduct the expenses incurred from the rent. Once the tenant has notified the landlord in writing of his intention to make the repairs at the landlord's expense, the landlord has fourteen days to comply. If no action is taken within the time allowed, the tenant may have the work done, paying the bill himself. After the tenant sends the landlord an itemized statement describing the work, the tenant may deduct the amount from the rent. Since the landlord's liability is limited, however, the tenant should be cautioned not to repair overly expensive items. The maximum the tenant may deduct is $100 or an amount equal to one-half the monthly rent, whichever is greater. To avoid the possibility of being responsible for payment of the bill, the tenant should seek legal guidance if there is any question as to the applicability of this provision (KRS 383.635).

I've bolded the parts that seem to apply to you, and it looks like it would come down to the wording of your lease, and whether Kentucky considers bedbugs a habitation issue or a maintenance/repair issue. I'd lean towards the former, as bed bugs usually aren't considered a typical repair that can be expected in the life of a home.

As far as deducting from the rent goes, that won't be enough to force his hand. The exterminator cost my landlord $1,200 for two visits- unless you're paying $2,400 a month for your apartment, you'd end up losing a substantial amount of money to have it repaired.

My best advice, with what I know of the situation and the little I now know about Kentucky tenant law? Move out. It doesn't look like you have a legal recourse strong enough to force his hand into paying for the exterminator; while he may be responsible for providing that, the costs of getting him to provide it will be greater than the costs of moving to another apartment. But if he's as much of a scumlord about bed bugs, odds are his financial house isn't in perfect order, and he probably won't call the credit bureaus if you screw on last months' rent.

 

[IHW]

I have a quote from Orkin at $761.00, which includes bed covers. And Terminex said $1800. I just don't have that kind of money to spend.

The only fear with moving out is that we bring the bugs with us. Then we are out moving expenses, and still have an infestation.

 

[hatehabsforever]

I agree with Rayne (hardly shocking). The landlord would definitely be picking up most if not all of the cost of alleviating this extermination problem. It's one thing to exclude certain things in your lease, but he has got to have your premises inhabitable. And the way you describe it, it's marginally so.

There's a very real possibility that if you move, your little roommates will come along with you, so all you have done is moved the problem elsewhere and lightened your wallet considerably. Thankfully, I've never experienced the problem first hand, but I have friends who stayed at hotels in New York, and supposedly brought bed bugs back home with them. In my opinion, the landlord has to share significantly if not totally in the cost of eradicating this problem. And I'd make damn sure he did so.

 

[IHW]

I don't see why he hasn't. I need to talk to the other people around me and see if they have the bugs. If enough of us call, he has to do something.