Can I Sue My Landlord for Bed Bugs in the Building?

Every state requires landlords to provide tenants with a safe and livable home. Lawyers often refer to this requirement as being a landlord's implied warranty of habitability. Providing a safe and livable home includes exterminating rodents and other vermin that endanger tenants' health or safety. A widespread bed bug infestation qualifies as a habitability problem, and some states have laws requiring landlords to take specific actions regarding bed bugs in rental properties.

Options When Your Landlord Doesn't Mitigate Bed Bugs

If, despite a state law making your landlord responsible for bed bugs, your landlord refuses to take action, you might have some options. Depending on the law where you live, you might be able to:

• withhold rent
• report your landlord to the local health department
• pay for the extermination and deduct the costs from your rent, or
• move out without future liability for rent.

Before taking any of these actions, it's best to consult with a local attorney to discuss what remedies are available to tenants in your area. Some "self-help" remedies like these are not allowed in all areas, and, if that's the case, you could find yourself owing your landlord additional money.

Suing Your Landlord for Bed Bugs

Depending on the specifics of your case, you might also have grounds for suing your landlord. The grounds for the lawsuit would be your landlord's breach of the warranty of habitability: By allowing the bed bugs to remain, the landlord is not providing a safe and livable home.

In most cases, the best place to sue your landlord for a bed bug problem is your local small claims court. All small claims court rules differ slightly, but they all have a maximum dollar amount a plaintiff (the person filing the suit) can sue for—often somewhere between $3000 to $15,000. Some of the benefits of small claims court include the fact that it's relatively inexpensive to file a lawsuit, you don't need a lawyer (in fact, some states prohibit lawyers in small claims court), and usually your suit will be decided by a judge within a month or so.

What to Ask For in a Bed Bug Lawsuit Against Your Landlord

If your landlord is not responding to your complaints about bed bugs, you might be able to sue your landlord for:

• lost or damaged property—for example, bedding ruined by bed bugs
• costs of moving to a new rental and any additional rent you had to pay for the new (comparable) rental
• costs you incurred trying to eradicate the bed bugs
• compensation for personal injuries—including pain and suffering caused by the bed bugs, and
• your attorneys' fees and court costs, if you had to hire a lawyer to sue the landlord.

Requirements for Filing a Bed Bug Lawsuit

If you find a bed bug in your rental, you can't just go out and file a lawsuit immediately. Here's what you need to do before filing and in preparation for court.

Give the Landlord Written Notice of the Bed Bug Problem—and a Chance to Fix It

Before filing a lawsuit or taking any of the other possible remedies mentioned above, you must send your landlord written notice of the problem. In nearly every state, tenants aren't allowed to claim any remedies—such as withholding rent or filing a lawsuit—unless the landlord has been given written notice of the problem and is given a reasonable amount of time to remedy the problem.

Send the Landlord a Written Demand Letter

Your state's law might require you to send your landlord a written demand letter before you can actually file a lawsuit. Your demand letter should explain your legal rights and what you want from the landlord. Depending on state law, you might be able to use your written notice of the bed bug problem as your demand letter, but in many states you'll need to send an additional letter that states more explicitly that you plan to file a lawsuit if the problem isn't fixed by a certain date.

Prepare Your Evidence

You will need to prove to the court that your rental is infested with bed bugs, that you gave your landlord notice of the problem and time to fix it, and that your landlord has failed to fix the problem. To prove this, you'll need evidence, including photos of the bed bug problems, copies of your complaint letters to your landlord or manager, and (if applicable) reports of and receipts from any exterminators you hired. If other people in your building are experiencing bed bug problems, you might want them to serve as witnesses or provide written statements to present to the court.

Consider Talking to an Attorney

Whether you use small claims court or sue the landlord in another court, you might want to consult with a local landlord-tenant attorney before you bring a lawsuit. Even if you don't hire the attorney to represent you in court, many attorneys are willing to advise a client on how to best prepare for a small claims court case.

Also—take a look at your lease or rental agreement. If it includes an attorneys' fees clause, and you can point to a specific clause that your landlord has breached by not addressing the bed bug problem in your rental, the court might order your landlord to reimburse you for any attorneys' fees you incur.