We have all heard the goodnight song about not letting the bed bugs bite, but unfortunately, the bed bugs are always bad if you have them. There has been a major resurgence in bed bug cases because of spike in global travel, and a highly effective pesticide in the war on beg bugs known as DDT has been prohibited.
The treatment for bed bug infestation is quite pricey, which is why there has been there is an increasing amount of litigation over the issue now.
The laws concerning the financial burden of bed bugs varies. The reason for this is the difference in laws between states and municipalities within those states.
Bed bug incidents and reports have been on the rise, and many people are calling it a major resurgence. Despite the pricey legal fees for a bed bug lawsuit, tenants have decided to take the offensive whether they are the source or not.
Who Does the Fault of the Infestation Fall On?
This question is what it is all about in a bed bug case. Property owners have lawyers, and they will blame tenants, which is natural. Someone had to have brought an infested item into the building. It is most likely the tenet to blame, but the question is one of a legal nature. Who does the legal liability fall on?
Making a Case Against the Landlord
Legally, it might be considered the landlord because the have a legal duty to maintain a habitable condition in the building for the tenets, which means it should be bug free. Landlords go out of their way to keep bedbugs away from the building.
A bedbug is like a bad omen for a landlord. They know seeing one means there is a source, and the source is always trying to spread for food. Smart landlords take a proactive stance and insist on bedbug inspections.
They do this in vacant apartments before allowing them to be rented out. Once this is done, the documentation of the bed bug free environment serves as a shield against legal liability.
Making a Case Against the Tenant
Purchasing hand-me-down items, pieces of second-hand furniture and clothing are ways to introduce bedbugs to a brand new environment. Also, people often invite friends or family with infected clothing. Tenants who travel a lot, especially to exotic places bring home bedbugs too.
Although bedbugs affect lower income individuals because they buy used items, the affluent often pick them up during travel, staying in hotels, and especially if they have traveled to low income areas.
Usually, tenants will attempt to pressure their landlords. Many times, landlords wind up in court fighting a lawsuit because tenants hold them responsible for everything. Fortunately, it is generally revealed infestations have nothing to do with the landlord.
Whoever is proven to have introduced the infestation is liable to provide treatment or compensation. If it is not settled, the tenet will likely be evicted. If the determination remains unclear, it usually results in a split bill.
If the tenet can prove the infestation began before moving in, then the landlord is liable for everything.
Tenets can usually hold rent or break the lease until the matter is resolved. If the tenant stays, they must comply with all of their landlord’s plan for treatment.
Hiring a bedbug lawyer in a conflict like this is advised. This battle over bedbugs has given rise to bedbug law, and business is booming nationwide. Stay updated on landlord tenant law, and here is a resource to help you find lawyers in your area.