Being Charged for Bed Bug Treatment

[cyclemaniac]

My question involves landlord-tenant law in the State of: Florida

At my previous apartment there was a bedbug infestation all throughout the building my unit was in. Much sleep and peace of mind was lost by me during the final months of my stay there. At the end of my lease (07/31/2011) I moved out management included a charge of $250 for bedbug treatment in the final account statement. Management was notified several times during the last three or four months of the situation and neglected to do anything about it.

Can I get this charge dropped? Tomorrow I intend to send them this letter via certified mail. Is it a good idea? Any recommendations for changes to it?

To: ............ and other managers of ............
Your final account statement with the list of damages dated 09/01/2011 was received by me on the date 09/02/2011.
I do not agree with the following charge against me:
Claim of damage: bedbug infestation and billing for treatment
Amount: $250.00
My reason for dispute: 1. The bedbug infestation was not caused by me. I was a victim of it.
2. Under Florida law it is the landlords responsibility to exterminate bedbugs. (is this true?)
3. ............... is responsible for pest management as per the lease agreement.
The total amount which will be disputed by me is $250.00.
I can be contacted at the phone number ................ for further discussion.

Sincerely,

Tenant: .......... Date

I am currently searching for a copy of my lease.

Also, would I have a case against the apartment for my lost sleep and peace of mind?

[Mr. Knowitall]

Although I can't promise you that the landlord won't try to argue that you introduced the bedbugs, unless you have agreed otherwise in writing (this would normally be in your lease) the landlord does have a statutory duty to attempt to exterminate them:

(1) the landlord at all times during the tenancy shall:

(a) comply with the requirements of applicable building, housing, and health codes; or

(b) where there are no applicable building, housing, or health codes, maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. However, the landlord shall not be required to maintain a mobile home or other structure owned by the tenant.

The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.

(2)

(a) unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

1. the extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord shall not be liable for damages but shall abate the rent. The tenant shall be required to temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.

2. locks and keys.

3. the clean and safe condition of common areas.

4. garbage removal and outside receptacles therefor.

5. functioning facilities for heat during winter, running water, and hot water.

(b) unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by underwriters laboratories, inc., factory mutual laboratories, inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.

(c) nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59.

(d) this subsection shall not apply to a mobile home owned by a tenant.

(e) nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.

(3) if the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1).

(4) the landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.

I do not expect that you'll get any compensation either for lost sleep or for lost 'peace of mind'.

[cyclemaniac]

Thanks for the reply, I appreciate it.