Do we have a case?

[AngelaO]

What is the name of your state (only U.S. law)? Washington State

Long story, please bear with me. Moved into a high end apartment complex 7 months ago, signed a year lease. My boyfriend has Cystic Fibrosis, but up to this move has been extremely healthy. Around the time it starts to get warmer and we are leaving the windows open 99% of the time, he starts to cough up blood. This has happened 4-5 times pretty much 4-5 weeks apart exactly. Also, my healthy, indoor, only cat who was 8 mysteriously got ill with respiratory problems and passed away.

Come to find out this week that they spray pesticides about every 5 weeks around our building.

After speaking with my vet and showing him the MSDS on the chemical used, he informs me that the chemical, Bifenthrin, is a Pyrethroid and is very unsafe in felines if exposed. My cat loved to lay in the window, which we kept open. We were never told that they sprayed pesticides nor have i seen any documentation around the grounds stating that pesticide had been sprayed.

Doing some research I am finding its probably not the safest thing for someone with respiratory issues. My boyfriend will be taking the MSDS to his specialist to see what they think.

My question is, if we were not informed that this chemical was being used, can the apartment complex landlord be liable for hospital bills? Can we break our lease to get out of this unsafe environment and not lose our deposit?

Thanks for any advice you can give.

[Tallrat]

You may have a case if it is being applied incorrectly but finding that out would probably be very costly. What can or cannot be used is different from State to State. If legal do they need a permit to spray? Might be able to get answers here

[url=http://www.fda.gov/]U S Food and Drug Administration Home Page[/url]

[AngelaO]

So doing some more research i found this:

*The WA Landlord-Tenant Act does not require landlords to tell residents when they plan a pesticide application in common areas (stairwells, around exteriors of buildings or on the grounds). However, pre-notification may be in individual contracts and is a good idea and a common courtesy. Pre-notification allows people and their children and pets to avoid treated areas and reduces the potential for pesticide exposure.

Other Right-to-know laws:

* Certified pesticide applicators must post signs after treating landscapes at apartments and other residential and commercial properties. Signs must have the words: "THIS LANDSCAPE HAS BEEN TREATED BY____________FOR MORE INFORMATION PLEASE CALL___________." RCW 17.21.410(1)

The above has not been done. I have never once seen any signage out on the landscapes that have been treated. The chemical they use, Bifenthrin, states that it is a restricted use product? IF they have not followed the law would just the pesticide company be liable for damages/injury, or the apartment management as well?