Unknowingly moved into bedbug infested apartment

[poffbrittney]

This matter is in Virginia. On August 29,2015, my husband and I signed the lease to a two bedroom apartment, and moved our one year old son in along with us (of course). Well, we found out in mid October that our whole apartment is infested with bedbugs. We contacted our previous landlord and she confirmed that our old apartment was clear of any bedbugs, therefore confirming our believing we moved into the infestation without knowing. Luckily nobody in my family has been bitten, but upon further examination, we found the nest of the bedbugs in the crease between the carpet and the wall, confirming once again, that we did not bring these bugs into the apartment. When I called my landlord (who did NOT act surprised about the topic of my calling), he advised us to just move out of the apartment (in just a a matter of weeks so he can exterminate the apartment without our now infested belongings in the apartment) letting us out of our lease with no court involved or anything.

My question is, can I legally get my deposit back considering how I have to exterminate ALL of my belongings (all of our clothes, beds, couches, dressers, etc.) before moving them into a new apartment, so I do not take them with me? And if they say no, we can't have our deposit back, would I have a strong case if I took them to court? Would I lose more money than gaining any? I've lost a lot because of this. I have not paid November's rent because we are not living at the infested apartment, but our infested belongings are still there. They're asking for Nov. rent also. Keep in mind, we moved into these bugs and did not bring them into the home.

Note: Upon first looking at the apartment, the cleaning lady they hired to clean their apartments, told my husband and I that she (quote) "did not clean the apartment very good because I thought if they new tenants were clean people, they would clean it again themselves." If court has to happen, can the cleaning lady not properly cleaning, be the reason for all of this? If she would've cleaned properly in the first place she would've noticed something and saved my family and the landlord all of this trouble.

Thank you in advance for any and all information you give to me. It is much appreciated. Needing help and don't know where to turn!

 

[Proserpina]

This matter is in Virginia. On August 29,2015, my husband and I signed the lease to a two bedroom apartment, and moved our one year old son in along with us (of course). Well, we found out in mid October that our whole apartment is infested with bedbugs. We contacted our previous landlord and she confirmed that our old apartment was clear of any bedbugs, therefore confirming our believing we moved into the infestation without knowing. Luckily nobody in my family has been bitten, but upon further examination, we found the nest of the bedbugs in the crease between the carpet and the wall, confirming once again, that we did not bring these bugs into the apartment. When I called my landlord (who did NOT act surprised about the topic of my calling), he advised us to just move out of the apartment (in just a a matter of weeks so he can exterminate the apartment without our now infested belongings in the apartment) letting us out of our lease with no court involved or anything.

My question is, can I legally get my deposit back considering how I have to exterminate ALL of my belongings (all of our clothes, beds, couches, dressers, etc.) before moving them into a new apartment, so I do not take them with me? And if they say no, we can't have our deposit back, would I have a strong case if I took them to court? Would I lose more money than gaining any? I've lost a lot because of this. I have not paid November's rent because we are not living at the infested apartment, but our infested belongings are still there. They're asking for Nov. rent also. Keep in mind, we moved into these bugs and did not bring them into the home.

Note: Upon first looking at the apartment, the cleaning lady they hired to clean their apartments, told my husband and I that she (quote) "did not clean the apartment very good because I thought if they new tenants were clean people, they would clean it again themselves." If court has to happen, can the cleaning lady not properly cleaning, be the reason for all of this? If she would've cleaned properly in the first place she would've noticed something and saved my family and the landlord all of this trouble.

Thank you in advance for any and all information you give to me. It is much appreciated. Needing help and don't know where to turn!

I'm only going to comment on the bolded portion.

Exactly how would your previous landlord prove that your previous home was bug-free?

If you're withholding rent, you better make sure you're doing it legally. I did notice that bed-bugs can be a legitimate reason to do so but you've also got to give the landlord a chance at fixing the problem.

 

[poffbrittney]

I lived in an apartment complex. They cleaned the apartment once I moved and immediately moved another family in. When they did their initial thorough cleaning they didn't find any bugs and the new family hasn't said anything about any bugs, she said that she asked them personally. If we had them before we moved into this apartment, they'd be at the old apartment too, would they not?

 

[quincy]

This matter is in Virginia. On August 29,2015, my husband and I signed the lease to a two bedroom apartment, and moved our one year old son in along with us (of course). Well, we found out in mid October that our whole apartment is infested with bedbugs. We contacted our previous landlord and she confirmed that our old apartment was clear of any bedbugs, therefore confirming our believing we moved into the infestation without knowing. Luckily nobody in my family has been bitten, but upon further examination, we found the nest of the bedbugs in the crease between the carpet and the wall, confirming once again, that we did not bring these bugs into the apartment. When I called my landlord (who did NOT act surprised about the topic of my calling), he advised us to just move out of the apartment (in just a a matter of weeks so he can exterminate the apartment without our now infested belongings in the apartment) letting us out of our lease with no court involved or anything.

My question is, can I legally get my deposit back considering how I have to exterminate ALL of my belongings (all of our clothes, beds, couches, dressers, etc.) before moving them into a new apartment, so I do not take them with me? And if they say no, we can't have our deposit back, would I have a strong case if I took them to court? Would I lose more money than gaining any? I've lost a lot because of this. I have not paid November's rent because we are not living at the infested apartment, but our infested belongings are still there. They're asking for Nov. rent also. Keep in mind, we moved into these bugs and did not bring them into the home.

Note: Upon first looking at the apartment, the cleaning lady they hired to clean their apartments, told my husband and I that she (quote) "did not clean the apartment very good because I thought if they new tenants were clean people, they would clean it again themselves." If court has to happen, can the cleaning lady not properly cleaning, be the reason for all of this? If she would've cleaned properly in the first place she would've noticed something and saved my family and the landlord all of this trouble.

Thank you in advance for any and all information you give to me. It is much appreciated. Needing help and don't know where to turn!

Do you have a "strong" case if you took your landlord to court? I don't know about strong, but you have a shot at getting your deposit back. But bedbugs are tricky and can ride in on all sorts of things, including packages delivered to the apartment sometime between your move-in date and your move out to allow for the extermination.

You should have photos of where you located the bed bugs in the apartment, and you should have your former landlord ready to testify (and possibly the cleaning lady), and go from there - this if your current landlord is unwilling to refund your deposit upon your request. He may, just to avoid court.

Whether you lose more money than you gain by pursuing this in court is something I can't tell you. Court actions take time and effort and you need to determine for yourself how much you want to invest.

Good luck.

 

[Zigner]

Why would it take 2 months for this infestation to be noticed. Why has nobody been bit? Why hasn't the OP asked the LL if she'll be getting the deposit back?

 

[Proserpina]

I lived in an apartment complex. They cleaned the apartment once I moved and immediately moved another family in. When they did their initial thorough cleaning they didn't find any bugs and the new family hasn't said anything about any bugs, she said that she asked them personally. If we had them before we moved into this apartment, they'd be at the old apartment too, would they not?

That's what I'm getting at, actually. Believe it or not bedbugs are not noticed every time they're present.

 

[quincy]

Following is a link to the Virginia Department of Agriculture and Consumer Services, with bed bug information:

http://vdacs.virginia.gov/pesticides/bedbugs-facts.shtml

From the "How to Identify Bed Bug Infestations" fact sheet, it says: "... a person may not react to bed bug bites at all. This can allow an infestation to get started in their home and remain unnoticed until the beg bug population increases so much that bed bugs start to be seen ..."

Warning: The photos included with the text might make you start itching.

 

[Dandy Don]

You need to look at the language in your lease/rental agreement to see what conditions it mentions about getting a deposit returned.

Did you give your landlord written notice of your intention to move?

If I were you I would be consulting with a local attorney who specializes in landlord/tenant law, to help you figure out whether you have any options, or you can research Virginia landlord/tenant law online to see what it says.

Do you know of any of your neighbors in the same apartment complex who have had bedbug problems?

 

[quincy]

... If I were you I would be consulting with a local attorney who specializes in landlord/tenant law, to help you figure out whether you have any options, or you can research Virginia landlord/tenant law online to see what it says. ...

The Virginia Residential Landlord and Tenant Act:
http://www.dhcd.virginia.gov/HomelessnesstoHomeownership/PDFs/Landlord_Tenant_Handbook.pdf

Virginia Legal Aid: http://valegalaid.org/

 

[QuiGonJinn]

The landlord volunteered that you could end your lease, as such I don't think you your deposit would be held for this reason. As a landlord I would not generally give a tenant a blanket statement that your are getting your deposit back, that is a determination that would be made in consideration if you are behind on rent or caused damage to the property.

On "exterminating" your belongings bed bugs are very good at getting away from chemicals. The process to get rid of them from clothing and linens is simple and cheap. You can heat or freeze them. Heat cycle on high in the drier kills them. Putting your stuff in a deep freezer does also. Depending on climate putting in clear bags and leaving outside to heat or leaving outside to freeze is a option depending on your current weather. Bed Bugs are more typically very active requiring a constant human host, or a very dormant state. If you have been living else where for a month now I think you have likely just wasted time and money. You could have spread Diatomaceous Earth over the flooring, heat cycled your fabrics and cleaned/vacummed and moved back in a week later and you probably would have free and clear. Active bed bug populations are almost always in mattress, box springs, and sofas/chairs since the bed bugs need constant access to a human host.

 

[Dandy Don]

I have found that diatomaceous earth is not effective in eliminating bedbugs.

Why should this tenant bear the burden of trying remedies to eliminate this problem when the methods the landlord used clearly have done nothing but fail?

 

[QuiGonJinn]

....

Why should this tenant bear the burden of trying remedies to eliminate this problem when the methods the landlord used clearly have done nothing but fail?

Tenant is moving out it, the landlord would address the problem with the unit. Tenant would want to heat cycle their belongings as to not move the bed bugs to the next place.