May 11, 2017
I do have experience dealing with a bed bug issue, but it was a slightly different set of facts than you are dealing with, but I might be able to offer a little anecdotal information that could be helpful to you. Carefully review the lease agreement and see what it says about landlords responsibilities to maintain premises and breaches of this duty. No two lease agreements are the same and some could contain language more helpful to your client and others will not.
A tenant lived in a multi-unit apartment building. The bed bugs infested the entire building. The tenant moved out (broke lease) and was sent a bill for one month of rent in which he did not live at the apartment, a late fee, cleaning fees, and the bill from an exterminator to exterminate the entire apartment building. Landlord claimed that tenant was the cause of the bed bug infestation and should be required to pay the extermination fee.
Iowa Code 562A.15 provides that a landlord is required to maintain fit and habitable premises, including making all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
Tenant did not feel he should be charged for extermination of the entire apartment building when it could not be proven that he introduced the bed bugs to the building causing the infestation. Instead of filing law suits, the tenant and landlord agreed to negotiate a reasonable sum of money that would settle the matter after the landlord was pointed out his duties as a landlord under Iowa Code and the fact that it would be nearly impossible to place blame on this tenant for bed bug infestation. We were able to work out a deal where the tenant was allowed to break his lease, would not be charged for back rent, and would not be charged for the extermination fee. In return, the tenant would pay a sizeable amount of cleaning and repair fees unrelated to the bed bug issue.
Luckily, this worked out after talking to and meeting with the landlord. I hope you are able to reach a good resolution with this matter and use the lease agreement language and Iowa Code on landlord tenant law to help you get there. Although I do think it might be a tough sell to get replacement items and relocation costs. Unfortunately, renters insurance will not cover these costs do a bed bug infestation. I do not know what kind of insurance policy the landlord has, but it might be worth asking to see if there is something worth pursuing there.
I don’t know the answer to your question, but Jeff Lipman is a local attorney who has successfully litigated class action for plaintiff tenants with bedbug infestation: http://www.lipmanlawfirm.com/index.php/bed-bugs
The presence of bed bugs does not create a presumption of landlord negligence in most states.
Landlords have to be aware or should have a reasonable expectation for being aware and an opportunity to address the issue.
There was a piece in 2013 in the Des Moines Register about bed bugs and a class action lawsuit concerning two apartment buildings where management knew about the issue for two years or so and did not act.
A landlord's responsibility is tied largely to local ordinance so I would start there.
Call Jeff Lipman out of West Des Moines. He is a nationally recognized bed-bug expert and has handled many many such cases.
It’s well known in the plaintiffs bar that you need to speak with attorney Jeff Lipman. He’s the leading guy on bed bugs.
Does anyone have an experience/tips/tricks when dealing with landlords and bed bugs? I know that under Iowa law landlords have a duty to maintain the premises; in my experience, that’s easier said than done, especially when it comes to bed bugs. I’m wondering if anyone has successfully gotten a landlord to pay for a tenant’s rehoming and replacement items (bedding, clothing, etc.). What do judges look for as far as good faith actions taken by landlords to address the issue? What is the likelihood of a successful countersuit by a tenant if landlord sues for unpaid rent because tenant moved out in the middle of the lease term, but it was due to bed bugs? Thank you in advance for any insights.
AskAnAdvocate is an anonymous listserv allowing Young Lawyers the ability to email inquiries anonymously and receive feedback. The list is moderated by ISBA staff and all Inquiries and responses are only shared after identifying information has been removed. To send an anonymous inquiry or response please send an email to AskAnAdvocate@iabar.org. View listserv guidelines here. |
To unsubscribe from this list, send a mail message to "unsubscribe@iabar.org" with the following in the subject and the first line in the body of the message:
unsubscribe aaa