Landlord Charging for Bed bug treatment and Carpet Replacement

[txfalcon]

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

So while I was at my last apartment bed bugs showed up. On signing my lease I did not sign a bed bug addenum of any kind. I informed my apartment of the bed bugs figuring they would want to treat them. They never mentioned me needing to pay for the treatment or any paper work. I do not think I should be charged for that treatment since we have no clue where the bed bugs came from.

They are also trying to charge me for replacing entire carpet in apartment. Upon move out I had a witness with me when one of the apartment managers did a walkthrough. The apartment manager told me verbally that the carpet in bedrooms was fine but that carpet in living room had stains but cleaning should be able to get it out. They are now charging me for replacing entire carpet in the apartment. If they truly replaced carpet shouldn't I only have to pay for living room carpet and only part of the replacement because of life span of carpet?

 

[Zigner]

Why shouldn't you have to pay for the bedbugs you brought in?

 

[txfalcon]

I don't think we brought them in.

 

[Zigner]

I don't think we brought them in.

You said they showed up while you were there. If not you, then who?

 

[txfalcon]

Not to be rude but you obviously don't have any experience dealing with this kind of thing :/ and that is why I posted trying to get someones help who knows something about this situation. BUT from the research I have done bed bug eggs can live in walls and carpet for up to a year and then hatch in summer time (when they appeared). Texas has an addendum that landlords can have signed upon lease signing that states they have inspected the apartment for bed bugs and there are non there and if any are found it is the renters responsibility for getting them removed. This apartment complex did not have that addendum in its lease. So for all I know they never inspected it and the past tenants may have had bed bugs that they never informed the landlords about.

 

[Zigner]

Not to be rude but you obviously don't have any experience dealing with this kind of thing :/ and that is why I posted trying to get someones help who knows something about this situation. BUT from the research I have done bed bug eggs can live in walls and carpet for up to a year and then hatch in summer time (when they appeared). Texas has an addendum that landlords can have signed upon lease signing that states they have inspected the apartment for bed bugs and there are non there and if any are found it is the renters responsibility for getting them removed. This apartment complex did not have that addendum in its lease. So for all I know they never inspected it and the past tenants may have had bed bugs that they never informed the landlords about.

Alrighty then

 

[txfalcon]

Ya no hard feelings . Was just looking to see if I was correct on the info I had gotten on Texas law.

 

[Zigner]

Ya no hard feelings . Was just looking to see if I was correct on the info I had gotten on Texas law.

It is more likely than not that you brought them in, perhaps on some luggage or clothing from another location. It's not a comment about you, just a statement of likelihood.

 

[FarmerJ]

About how long had you lived there when you did discover the bed bugs ? ( how long did you rent from them too < this is re the carpet and last but a huge thing, when you moved in did you notice new carpet chemical stink? you know that off gassing that carpet does ? do you remember if the carpet looked to be brand new or appeared to be clean maybe but just not new ? Reason I asked those things is because yes they should use a depreciated amount and say if you lived there for 2 yrs then you consumed two years of the carpets useful life and for example if it was not new when you moved in but say 2 yrs old then it may have had one + yrs left of life since most LLs just wont install carpets that have more than a 5 to 7 yr life expectancy since any higher grade just doesnt make sense in a rental.

 

[DeenaCA]

Here's an informative article right here on FreeAdvice: http://real-estate-law.freeadvice.com/real-estate-law/landlord_tenant/who-pays-for-bed-bug-treatment-extermination.htm

Here's an article from the Houston Chronicle: http://www.houstonchronicle.com/news/houston-texas/houston/article/Bedbugs-create-irritating-situation-for-renter-4283826.php

Excerpt:

According to a joint statement by the EPA and the Centers for Disease Control and Prevention, controlling bed bugs in multi-family dwellings is much more difficult than in single-family homes because "bed bugs frequently travel between units, either by direct transport by humans or through voids in the walls."

Note the link at the end of the article to the TX Consumer Complaint Center at http://www.texasccc.com/. I suggest that you contact this agency and/or your local legal aid.

Here is a HUD notice that only applies to subsidized properties, but which contains useful information and resources on bedbug prevention and control: http://portal.hud.gov/hudportal/documents/huddoc?id=pih2012-17.pdf

Given the fact that bedbugs move between units in multifamily dwellings, landlords have a difficult time assigning responsibility for an infestation.

 

[Zigner]

Here's an informative article right here on FreeAdvice: http://real-estate-law.freeadvice.com/real-estate-law/landlord_tenant/who-pays-for-bed-bug-treatment-extermination.htm

Here's an article from the Houston Chronicle: http://www.houstonchronicle.com/news/houston-texas/houston/article/Bedbugs-create-irritating-situation-for-renter-4283826.php

Excerpt:


Note the link at the end of the article to the TX Consumer Complaint Center at http://www.texasccc.com/. I suggest that you contact this agency and/or your local legal aid.

Here is a HUD notice that only applies to subsidized properties, but which contains useful information and resources on bedbug prevention and control: http://portal.hud.gov/hudportal/documents/huddoc?id=pih2012-17.pdf

Given the fact that bedbugs move between units in multifamily dwellings, landlords have a difficult time assigning responsibility for an infestation.

Fair enough. The OP never specifically stated it, but it is definitely likely that this is a multi-family unit.

 

[txfalcon]

About how long had you lived there when you did discover the bed bugs ? ( how long did you rent from them too < this is re the carpet and last but a huge thing, when you moved in did you notice new carpet chemical stink? you know that off gassing that carpet does ? do you remember if the carpet looked to be brand new or appeared to be clean maybe but just not new ? Reason I asked those things is because yes they should use a depreciated amount and say if you lived there for 2 yrs then you consumed two years of the carpets useful life and for example if it was not new when you moved in but say 2 yrs old then it may have had one + yrs left of life since most LLs just wont install carpets that have more than a 5 to 7 yr life expectancy since any higher grade just doesnt make sense in a rental.

I moved into the apartment mid Oct of 2013 and first started discovering bites in April. As for the carpet I do not remember a new carpet chemical stink. The carpet was in pretty good condtion but I don't think it was brand new. Can I legally request some kind of reciept/work order from them showing mean the last time carpet was installed? Also I only lived there for a year..