Bed Bugs from work?

[KnowBuddy]

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

Thank you for reading this and for any help you can offer us. It's been a very trying few days.
We have been seeing a bug here and there for a few weeks, but this weekend we found a bunch of them living in our box springs. Not knowing what to do we throw them out and bought new. Then we set off a foggier.
Well that did nothing for us. We had to have the apt mgr get an exterminator. He then told me we have to pay for this. I had no idea, it does not say anything about that in our lease or an addendum to the lease. When I asked how much, he said he didn't know because he had to check next door. Does that mean we have to pay for that apt too?
Also my husband is a plumber in a hotel/casino and they have had bed bug problems. Someone else he worked with ended up with them in his house. Can we bill his job for this problem?
Sorry if this is too long.What is the name of your state (only U.S. law)?

 

[Banned_Princess]

I swear, the bed bug issue, and roaches, are the hardest to cement into a nice little box. of who pays for what, and how long and how much


Landlords are absolutely responsible for the maintenance of a infestation free housing environment, but they are ALWAYS claiming the problem to have come from the tenant, and requesting they pay the extermn. fees, first before conceding to the fact, they have to keep the place bug free.

There are times when it is absolutely the problem / fault/ and responsibility of the tenant, but i am not the judge on that.

 

[atomizer]

With your husband working in bed bug infested hotels and casinos, it is pretty obvious who introduced them into your home. Why would the landlord have to absorb the cost of what will be a long term problem? Even if the treatment works, your husband will continue to re-introduce them into your home. It is also a very likely that the bug infestation will spread to other apartments. I don’t see a solution here outside of your husband finding alternative work. But we all know that is probably not an option.

 

[KnowBuddy]

This is not true

With your husband working in bed bug infested hotels and casinos, it is pretty obvious who introduced them into your home. Why would the landlord have to absorb the cost of what will be a long term problem? Even if the treatment works, your husband will continue to re-introduce them into your home. It is also a very likely that the bug infestation will spread to other apartments. I don’t see a solution here outside of your husband finding alternative work. But we all know that is probably not an option.

We have lived in this apt. for over 12 years, and never had a problem. I said this is only one way they might have been introduced. Around the same time, something happened to our neighbor, and he's moved out now. They started remodeling,ever since we've gotten the bugs. How do we know they didn't come from there?

 

[Banned_Princess]

We have lived in this apt. for over 12 years, and never had a problem. I said this is only one way they might have been introduced. Around the same time, something happened to our neighbor, and he's moved out now. They started remodeling,ever since we've gotten the bugs. How do we know they didn't come from there?

You really cannot know in any kind of definitive way where they came from. and thats the problem with this kind of dispute between landlords and tenants.

Like I said, its the norm to have the LL try to get the reporter of the problem to take the responsibility and pay. but you don't have to...

12 years is a long time, and I would fight him that it is your fault, and have him throughly rid the apartment of the bugs immediately.

 

[Hot Topic]

Someone contacted the newspaper's bug expert because she thought the invasion of her studio apartment came from another building in the complex, which she said had bedbugs for awhile. The complex sprayed weekly and used aerosol bombs. When she complained about the spray and bombs being ineffective, the tenant claimed she was evicted.

The expert responded that bedbugs weren't as hard to control as they appeared. He said you had to know where to look for their hiding places. Any "competent" pest control pro should be able to deal with them without toxic pesticides or bombs.

He suggested that soapy water and alcohol, as well as diatomaceous earth, available at a garden store, and silica gel be used. According to him, he has never had use a second treatment.

 

[atomizer]

Also my husband is a plumber in a hotel/casino and they have had bed bug problems. Someone else he worked with ended up with them in his house.

It was you that made the argument that your husband may have brought them home from his job sites.

 

[Searchertwin]

If this was a unit apartment, than the LL should address the problem, only one time. The LL cannot be held responsible for each episode after that. He tried to take care of problem, but tenants are the ones causing it.
Now if it is a house and there were none to start with, I would not pay for an exterminator, that would be their problem, I didn't cause the bed bugs, I didn't live there, I didn't bring them in.
If that is the case, than the tenants should pay for the LL problems with bed bugs. Their reasoning would be the same, " I didn't cause the bed bugs, I didn't live there, I didn't bring them in."

 

[Banned_Princess]

If this was a unit apartment, than the LL should address the problem, only one time. The LL cannot be held responsible for each episode after that. He tried to take care of problem, but tenants are the ones causing it.
Now if it is a house and there were none to start with, I would not pay for an exterminator, that would be their problem, I didn't cause the bed bugs, I didn't live there, I didn't bring them in.
If that is the case, than the tenants should pay for the LL problems with bed bugs. Their reasoning would be the same, " I didn't cause the bed bugs, I didn't live there, I didn't bring them in."

Are you aware of the provision in most state laws, that a LANDLORD is responsible to maintain the property free pest infestation? Habitability? ever heard of them? are you familiar with ANY state law concerning landlord tenant business relations?

If it is the tenants habitually, then landlord can stop renting them the place, at the appropriate time.

This quoted post should be COMPLETELY disregarded.






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[Searchertwin]

Are you aware of the provision in most state laws, that a LANDLORD is responsible to maintain the property free pest infestation? Habitability? ever heard of them? are you familiar with ANY state law concerning landlord tenant business relations?

If it is the tenants habitually, then landlord can stop renting them the place, at the appropriate time.

This quoted post should be COMPLETELY disregarded.






$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

I think not. As you stated, "I swear, the bed bug issue, and roaches, are the hardest to cement into a nice little box. of who pays for what, and how long and how much"
Now you are contridicting yourself.
If you are right, than are we to assume that if the place has ants, that it is our problem to keep them free from them? We can pay for exterminators and pay out our ears, BUT if the tenants don't help, it will still be a problem.

For your info: In cases where the source of the indoor pollutants is not clear, or when it is not one of the named and regulated substances above, or if the pollutant is BIOLOGICAL IN ORIGIN, such as ****roaches, mold, dust mites, ETC, then there are no Federal laws to address these complaints.
And some states DO NOT address this problem unless stipulated in the lease.

 

[atomizer]

Are you aware of the provision in most state laws, that a LANDLORD is responsible to maintain the property free pest infestation? Habitability? ever heard of them? are you familiar with ANY state law concerning landlord tenant business relations?

If it is the tenants habitually, then landlord can stop renting them the place, at the appropriate time.

This quoted post should be COMPLETELY disregarded.

Thanks for the heads up.

But the question to be answered is not whether the landlord is responsible for keeping the property free of bedbugs, but whether he has to pay for the continued exposure of bedbugs introduced by tenants.






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[Banned_Princess]

I think not. As you stated, "I swear, the bed bug issue, and roaches, are the hardest to cement into a nice little box. of who pays for what, and how long and how much"
Now you are contridicting yourself.

Thanks for quoting me on that, I had forgotten that (j/k) I am Not contradicting myself, I'm saying it is a common problem when it comes to pests. NO ONE KNOWS where the bugs came from. Bugs cant be called to the stand. Its hard to cement in a neat little box, because while the LL has a duty to keep the home habitable (see below) the tenant has a duty to keep the place clean.

The warranty of habitability

Landlords have a duty under New Jersey landlord-tenant law to maintain their rental property in a safe and decent condition. This duty applies to all leases, whether written or oral. The duty to keep rental units safe and decent is called the warranty of habitability. The warranty of habitability is based upon common sense: in return for paying rent to the landlord, the landlord must make sure that the housing is fit to be occupied by the tenant.

The warranty of habitability has been held to include keeping the basic elements of your housing unit in good condition. This includes taking care of physical elements, such as the roof, windows, walls, etc.; the systems that supply your heat, hot and cold water, and electricity and gas; appliances, such as the stove, refrigerator, and dishwasher; keeping apartments pest-free and common areas clean; and providing security against crime, such as locks on doors and windows to deter break-ins.

Housing and property maintenance codes

There are several codes adopted by the state or local governments that establish standards for maintaining rental property. There are trained personnel who inspect rental properties to enforce the codes and who are available to take complaints about code violations from individual tenants.

Most likely the codes include pest free environment, and if reported to the inspectors of this code unit LL WILL be responsible for cleaning up the pests. Without substantial evidence that the pests DEFINITELY and REPEATEDLY came from the tenant, than according to the STATE CODES, it is Landlords responsibility.

Multiple dwelling code
Landlords of buildings with three or more units must meet the standards in the New Jersey Hotel and Multiple Dwelling Health and Safety Code, or “multiple dwelling” code. This code is contained in regulations issued by the New Jersey Department of Community Affairs. Cite: N.J.A.C. 5:10-1.1.

This code has detailed and specific rules that cover everything, including locks, window screens, ventilation, pests, plumbing, painting, garbage, living space, and so on. You can find these regulations in your courthouse library or public library, or you can call the Department of Community Affairs, Bureau of Housing Inspection, in Trenton at (609) 633-6210 to purchase a copy.

Which is what I am going to quote again in a minute to show the motels and hotels also have to keep the place VERY CLEAN in order to continue to operate. Based on this post, I believe this to be a multi unit apartment, and maybe OP should purchase this pamphlet from the State of N.J

If you are right, than are we to assume that if the place has ants, that it is our problem to keep them free from them? We can pay for exterminators and pay out our ears, BUT if the tenants don't help, it will still be a problem.

I am right, if they continue to not keep the place clean, and the ants keep coming back, you can get rid of the tenants (at the appropriate time, be it by breach of contract to keep the place clean, or in NJ's case, failure to pay rent.) you as a [landlord] will have the documents that you REPEATEDLY and PROFESSIONALLY exterminated the problem, and until the tenants took up residence, there had not ever been a problem with ants.

For your info: In cases where the source of the indoor pollutants is not clear, or when it is not one of the named and regulated substances above, or if the pollutant is BIOLOGICAL IN ORIGIN, such as ****roaches, mold, dust mites, ETC, then there are no Federal laws to address these complaints.

Who is talking federal laws? no one. habitability and landlord tenant relationships are governed by STATE LAWS. and TOWN CODES to a lesser degree.

And some states DO NOT address this problem unless stipulated in the lease.

Is that so.. So name 5.

and NJ is NOT one of those states, so while your naming those states, please include why those states are relative to OP's situation.

 

[atomizer]

The warranty of habitability

Landlords have a duty under New Jersey landlord-tenant law to maintain their rental property in a safe and decent condition. This duty applies to all leases, whether written or oral. The duty to keep rental units safe and decent is called the warranty of habitability. The warranty of habitability is based upon common sense: in return for paying rent to the landlord, the landlord must make sure that the housing is fit to be occupied by the tenant.

The warranty of habitability has been held to include keeping the basic elements of your housing unit in good condition. This includes taking care of physical elements, such as the roof, windows, walls, etc.; the systems that supply your heat, hot and cold water, and electricity and gas; appliances, such as the stove, refrigerator, and dishwasher; keeping apartments pest-free and common areas clean; and providing security against crime, such as locks on doors and windows to deter break-ins.

Which once again does not indicate anything about charging the tenant for the service of insect extermination.

 

[KnowBuddy]

WOW thank you

Thank you all for you input and your research. Banned_Princess that was very kind of you to look up all that info for me.
Just a few points I did not go into much detail, because when I read OP posts comments were made about how long they were, so I tried to keep mine short and on point. But it seems I missed some things.
We do live in a multi unit dwelling, 4 units, 2 up and 2 down connected. And 20 apts to a letter such as A-15 or K-6. We live upstairs, and have done so for 12 years with NO bug problems. A few months ago the guy that lived in the other apt upstairs left. We do not know if he died, or was moved to a nursing home. But after he left the gutted his place and remolded it, and now we have bugs. So where they came from we do not know. Also the people that live in the apts below us each have pets, even though it says no pets in our lease.
So just as Banned_Princess says it is impossible to know where they came from.
On another note, I also did some research last night and found out that, on 2/5/09, NJ lawmakers approved the "Bed bug Bill"

On February 5, 2009, the New Jersey Assembly passed A-3203 which makes the New Jersey landlords wholly responsible for eliminating bed bugs from rented accommodations.

So now my question is what do I do if my LL still tries to make me pay?
Thank you all again!!

 

[atomizer]

A report from the Jersey Journal on Friday clarified the proposed legislation would require landlords to do one treatment and one follow-up treatment per year:

Sponsored by Downtown Councilman Steven Fulop, the ordinance says that landlords are not responsible for undertaking more than one treatment and follow-up treatment per year.

“If repeated treatments are necessary or if the extermination is due to the tenant’s failure to properly maintain the dwelling, the costs can be charged to the tenant,” according to the ordinance, which is up for final adoption in two weeks.

bedbuggers.com

So the question still remains..... Can you be billed for the service.