RPA Tenant Rights Blog » Landlord Breach

Is Your Apartment Infested with Bed Bugs?

Ronnie Gustin — Fri, 11 Mar 2011 17:38:45 +0000

Does Your Apartment Have Bed Bugs?

A couple of weeks ago I had dozens of bites showing up on my arms and legs. I have sensitive skin, so I switched laundry detergent thinking that I was somehow having a reaction to the soap– but then I saw a tiny little bug… that’s where my bed bug problem all started.

When I approached my landlord about treating the apartment complex, he refused and immediately tried to hold me responsible for treating my apartment for bed bugs. I didn’t think that was right. Luckily my professor referred me to the RPA and explained that the best option would be to start with a formal complaint. So, I did. (Problem is now solved!!)

I wanted to create a post to help other tenants suffering with a bed bug infested Apartment: (so here’s my experience)

Do you have bed bugs?

Look for signs to determine if you have bed bugs. Everyone reacts differently to their bites. I found some research that indicated that some people have little to no reaction to bed bug bites (lucky for them).

Indications of Bed Bug Presence:

How to check for bed bugs

Visual Search: Check around the seams of your mattress closely. Look for rust colored spots or stains. (If stains are found, you most likely have bed bugs) You should also inspect floor boards, behind paintings or other wall hangings, and bed post.
Smell / Odor: If you have an acute sense of smell, you can also detect bed bugs by smelling for a sweet musty odor. Special K-9 (dogs) have been trained to identify this smell. Depending on the level of infestation, you can detect the odor too.
Neighbors: Most people will not come out and say they have bed bugs… pretty much social suicide. BUT, you can be creative and pay attention to your neighbors; specifically look at their arms for indications of rashes or bites. Remember, infestations are common to be located around a host… meaning that it is very possible that ONLY one family member is effected by the bed bugs. (Be casual about this… probably not wise to bring it up in conversation)
Personal: The most common way is most likely from your own body… are you waking up with a rash or series of bites?

What do Bed Bugs Look Like?

Now I could just tell you that bed bugs are bout 4mm big and have an amber color, but instead I though I would find some pictures for you. If you’re lucky enough to spot a bed bug, you can identify it by looking at the following pictures: (Courteous of Wikipedia, thank you)

How to get rid of bed bugs

DO NOT DO THE FOLLOWING:

Panic! No need to panic. You’re going to get through this. Take a deep breath, exhale.
Sleep on the Couch: NO NO NO!!! Fight the urge to run away to another room, they will follow you and infest that area too. Bed bugs detect our breath and body heat, so no hiding is impossible. STAY PUT!!
Move: Again, can’t run. You MUST treat the infestation before moving. Bed bugs lay tiny eggs that stick to nearly any surface… if you move, you will bring the infestation with you.
Treat Yourself! I know, you’re tempted to go to the home depot and buy some bug bomb or bed bug spray … these will not kill bed bugs but can cause them to become irritated and spread deeper into walls, and other rooms. Treatment needs to be done by a bed bug removal company. (even general pest removal companies can make the problem worse. Only use a company that really knows how to deal with bed bugs.
No Chemicals! Chemical treatments are not very effective. Avoid using them, not only are they toxic to you and your family, they only kill the adult bed bugs. Eggs are not effected by sprays, thus if you have treated with chemicals… in a few days you will see the bites return as new eggs hatch.

DO THE FOLLOWING( Get Rid Of Bed Bugs Yourself)

STAY PUT!: Yes, you’ll have to remain in the infested room… otherwise the infestation will spread through the apartment.
RELAX: Bed bugs are not known to pass disease. Still not fun. There have been studies that long-term effects can cause anemia, infection (from scratching) and in extremely rare cases could cause anaphylactic shock in people sensitive to the proteins found in bed bug saliva.
DO SOMETHING: If you do nothing, the infestation will only get worse. Time to react is now!
MOVE BED: Pull the bed away from the wall. Move night stands or furniture so that they are not touching the bed or frame. Pull up covers so that they are not touching floor, walls, or furniture. This can greatly reduce the bites of bed bugs. If you suspect the bed bugs have infested your bed, you can saran wrap the entire mattress. (make sure is is tight and use lots of layers) You can also try sprinkling some “Thyme” (seasoning) on your bed. It won’t kill the bed bugs, but can cut down the bites. (they hate thyme– but so do I!)
TREAT THE ITCH: There are many ways to treat your skin… for my I made a paste out of baking soda and water. Then apply to the effected areas and immediately, itch gone!
PREPARE UNIT: You can reduce the amounts of bed bug bites by washing bedding (don’t forget all blankets) BUT, make sure to dry on high heat for at least an hour. Vacuum around walls, bed post, bed seams, and floors. Clean and pick up clutter on floor. (make the unit spotless and vacuum frequently)

Who is Responsible For Bed Bug Treatment Cost?

Most likely, after approaching your landlord you will immediately get frustrated. Many times landlords will attempt to hold tenants responsible for treatment cost. In fact, I read of cases where tenants have contacted the landlord about bed bugs just to be forced to pay for treatment by their own treatment company. (many times costing $800 to $2000) Then, if you don’t pay– you get evicted. Luckily, after I went my landlord I researched the topic and got some great advice. The best advice came from my law professor who told me how landlords are responsible to provide a habitable apartment. Landlords renting out an apartment that is infested by bed bugs can be in breach of the implied habitability warranty which requires landlords to provide a safe livable unit. Bed bugs are classified as parasites, so unlike other infestations; bed bugs are even more a breach of implied warranty of habitability than other bugs. With that said, it is clear that landlords are fully responsible for bed bug treatment. (However, if you feel like you were responsible for the infestation… then ethically, you should be somewhat responsible. It could be possible that you moved from a previously infested apartment, or that you stayed in an infested motel.) My professor referred me to the Rental Protection Agency and told me that in a bed bug case it’s best to create a legal paper trail as soon as possible and recommended that I immediately file a complaint to establish a formal paper trail and documentation. So, that’s what I did.

Filing a Bed Bug Complaint:

Filing a complaint with the RPA allowed me to document the bed bug problem before my landlord could attempt to place me at fault. Here is the process:

FILE COMPLAINT: Fill out the Bed Bug Complaint form located here: https://www.rentalprotectionagency.com/complaint_center_form.php
Get Your CASE NUMBER: After paying the $35 Filing Fee (no other required fee) you will get a case number and immediate access to the online complaint management page. Side Note: I did include 2 upgrades to my case: Certified ($18) and Bonded Copy of Completed Case ($9) The certified case requires landlord to sign for the paper work sent to your landlord from the RPA. The Bonded Copy sent me an official copy of mycase. Those are optional, but that’s what I did. Once you pay the filing
Check CASE STATUS: Once you’ve filed your complaint, the RPA will assign a dedicated mediator to handle the complaint and to negotiate a fair agreement. (Yes, its legally binding) You can and should check the case status every few days. After my landlord received the legal paperwork from the RPA, they immediately agreed to provide heat treatment at their cost. (I say immediately, I took 2 days for them to propose the solution. They were allowed 3 days, just FYI) Its now been 2 months since I filed my complaint. Today, my apartment is free from bed bugs. I do credit all of this to my Professor he directed me to the RPA. Thank you.
CASE CLOSED: Once an agreement is reached the RPA will close the case and attach it to the public record database. Now, because my landlord was prompt to resolve my bed bug problem; I requested that the complaint record be removed from record. I was happy with the end result and had no real intentions to harm my landlords image.

I know how stressful it is to have an apartment with bed bugs. I hope my experience can help others struggling with this exact process. I’m so glad there are programs out there to protect tenants rights. All the best!

Ronnie Gustin
Law Student (USC | Law School)
(I’m not an bar licensed lawyer. The above info

was based upon my experience and not intended

as legal advice.)

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ROACHES!!!

Tenant — Fri, 03 Dec 2010 17:51:25 +0000

I LIVE IN WASHINGTON STATE, AND HAVE A HUGE ROACH PROBLEM. THIS HAS BEEN AN ISSUE FOR 2 YRS. OUR APARTMENTS ARE INFESTED AND LANDLORD WONT TAKE CARE OF THE PROBLEM. HE TELLS US TO GET TRAPS KEEP PLACE CLEAN BUT THAT DOES NOTHING. WHAT CAN WE DO ABOUT THIS PROBLEM

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Landlord promises

T. LeFever — Mon, 15 Nov 2010 01:54:01 +0000

My fiance’ and I visited {Removed} Apartments back in March of this year in search of housing for my upcoming job transfer to Virginia Beach. We were very excited to find the apartment community not only for its convenient proximity to my work but also the seeming quality of the the community. In March we originally set out to Virginia Beach in search of a home to buy versus renting. We liked {Removed} even though the rent was relatively high and comparable to a mortgage payment. We believed in what we were told by the community staff, that it was a great place to live, well maintained, and “{Removed} & {Removed} proudly offers the best in rental living” . As far as we have seen, “the best in rental living” is not the case.  I almost feel that the one bedroom apartment that I rented back in college for $320 a month outmatches our current residence. Since we signed our lease on the first of April we have had nothing other than headaches. The landlord made several verbal promises to us before renting. Shouldn’t what the landlord promises be valid and enforceable?

First Day: Informed by Mgmt. that rent would be reduced due to carpeting not being replaced as originally expected because it was in great condition. Completed walk through checklist with maintenance staff informing him of urine stains from previous tenant pet on carpet (I guess that that is acceptable here) Thanks for the reduced rate, we really find it enjoyable to sit on the floor.  Walk-through, informed maintenance staff of the mismatched paint on the walls due to mediocre patching (not fixed).

First week: Cable and Internet supposed to be installed and working…..didn’t have either working properly until the end of the second week.

First Week: Washer installed incorrectly without drain line causing flooding of foyer and bedroom adjacent to laundry closet……. had to deal with de-humidifier for 1 week…. stains in carpet (informed maint. but not fixed).

Second Week: Called leasing office about a multitude of flying termites found in the unit, thanks for sending a maintenance guy over with a can of Raid! Most would expect an exterminator (great standards!).

Third Week: “High speed” (haha) internet finally removed, this was per the advice of your own staff, “Get Verizon, ours sucks”, no joke!

Fourth Week: Pipe breaks in unit above once again flooding our unit, raining water from light fixtures, sprinkler heads, and down walls (another couple days of dehumidifiers and wet carpet). Do I smell mold? On top of the “floods” our water heater ignited and was throwing flames to the point that my fiance’ was late to work because she was manning the fire extinguisher. Bad timing?  Would have worked out great if the fire happened before the flood.

A couple questions?: Should we invest in renters insurance? (Hopefully is not blacklisted with the insurance agencies). We have had floods, fire, insects….. should we expect famine and frogs falling from the sky amongst others? Is {Removed}/ Occidental going to stand up to their motto?  or…. Should I contact the Attorney General?  … the RPA? http://www.rentalprotectionagency.com/ .  OR is {Removed} going to fix these issues? Best yet…. not one member of the Management staff from {Removed} Apartments has contacted us just to see if anything was corrected, fixed, or even offered an apology. Evidently management was not aware of anything that has happened in this apartment (according to Andrew). I give kudos to your Management staff…. way to be on the ball!

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landlord did not disclose cockroach problem

Tenant — Mon, 26 Jul 2010 15:54:58 +0000

we’re new to the area and didn’t dream there would be a cockroach problem. we were concerned about pests: mosquitos, ticks, fleas, black widows, snakes because we have two young children and two animals. and the owners gave us info. about the area and said mosquitos (that were swarming as we were speaking to them) were the only downfall to the house.

we moved in and saw large roaches in the windowsills on the first night. the next day in the garbage can. then in the basement, the kitchen and even in my son’s room and the kids bathroom.

they said their not responsible for an exterminator so we hired our own. we’re still seeing some even after they sprayed twice. this is distressing for me as i never thought i would have to share a house with cockroaches.

are they responsible?

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Landlord Breach?

glmo — Thu, 23 Jul 2009 18:13:47 +0000

I know it is hard to answer without seeing this particular lease, but any general advice would be a great help!

My landlord gave a renewal notice less than 30 days prior to the termination of my lease. In the letter, it stated we have to give 30 days notice if I was to vacate the apartment. Is this legal? Did she violate the law by giving us less than 30 days notice to renew.

Further, I had inquired more than 30 days out about renewal options and they said they could not say anything until i recieved my official renewal notice (described above). Also, after getting the letter, I asked my landlord multiple times when I need to make a decision by and she repeatedly said “a couple days before your lease runs out”

Thanks!

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