bedbug question

[findingthegirl.livejournal.com]

We recently had a bedbug infestation in our apartment.*  Now that they're gone, our landlord has presented us with an exterminator bill for over four hundred dollars, saying it's our fault.  According to this PDF and this press release from the City of Somerville website, this is a tax-deductible expense that is the landlord's responsibility- at least that's how I read it.  Does anyone have any experience with this?  Should we be calling the Board of Health and asking them to intervene?  I mean, the bugs appear to be gone, but we really don't want to pay if it's not in fact our responsibility.

Thanks for any help you can give!

*We have no idea how we got them.  We never bring anything off the street, haven't been to any hotels since we moved in June, and both our previous apartments were bedbug free.  The current theory is that they were in the UHaul we rented and hitched a ride.

Comments

[kpht.livejournal.com]

"Homeowners and landlords are required by state law to hire a professional exterminator when bed bugs are found. Landlords should be aware that the cost of extermination is tax deductible and that this is not the fault of your tenants."

So yeah, you're right, he's full of it. Maybe make a call to the MA tenants' rights group to make sure, then just call him up and tell him you're not paying it and to call them if he has any questions about his responsibility - then the ball's in his court to come up with something.

[perich.livejournal.com]

Definitely, definitely put in a call.

http://www.masshousinginfo.org/resources/index?section=Tenant

[davelew.livejournal.com]

Landlords ask tenants to do things all the time. Tenants are not required to do everything the landlord asks. However, my experience is that when you bring up laws (like Massachusetts General Laws chapter 186 section 15b paragraph 4), landlords get offended and start yelling.

You can stand up for your rights, and try to save $400. Just be aware that it might poison your relationship with your landlord, so if the landlord is now doing anything that he or she isn't required to do by law, those extras might stop.

[clevernonsense.livejournal.com]

um, would you really want a landlord who's going to steal from you every chance they get. No. This isn't OK and I seriously doubt this landlord is doing any extra miles for the tenants.

poison

[genesayssitdown.livejournal.com]

the landlord is poisoning the relationship by unlawfully demanding four hundred dollars. especially if they're aware of this law. even if they're unaware of it, and they act offended or start yelling, that's not the tenant poisoning anything, that is the landlord being a shitty landlord.

Re: poison

[davelew.livejournal.com]

I'm not saying the OP shouldn't stand up for herself. I'm saying that when she does stand up for herself, she should be aware of the consequences.

The landlord thinks it's reasonable to charge tenants for extermination. When the landlord is told otherwise, the landlord is likely to get angry. It doesn't matter who is right or wrong, or whose fault it is, or who started poisoning the relationship. It's just human nature: most people, when forced to stop doing something they think is reasonable, get angry.

Re: poison

[aristabulus.livejournal.com]

You are both correct, imo.

Landlord overstepping the lines of the law is not okay... but when did that ever stop someone from holding a grudge when they _feel_ they've been wronged?

I am however, in favour of quoting the relevant code section at him. (after reading it for yourself, in the srs big book that stuff gets printed in) It shows that you've actually looked into the matter, and are not just being miserly.

[vonelftinhaus.livejournal.com]

Look I am a "landlord" or when I met my tenants I told them I was there neighbor. But my first thought reading this was it was the landlord's responsibility to pay this(completely)-though how bad was this infestation and was it so bad that it obviously your fault, probably not! Best of Luck

[pjmorgan.livejournal.com]

Without knowing additional background about other facets of the relationship, the price of the place relative to value, etc, I'd say if you want to stay in this place for the long term I would pay. Its more likely than not that you did bring them in unless they somehow crawled into the house on their own, not on an object. (I don't know if that happens, but that's not how we typically hear of it happening). So invoking a law that makes it the landlord's "responsibility" might be legal, but damaging from a fairness perspective. So it would be a Pyrrhic victory and not a moral one.

Or another option is you could say that since the cause is unclear you'd like to pay 50/50 to maintain goodwill.

(The tax deductible of it is not really a major factor, something being tax deductible reduces its cost, but doesn't eliminate the cost. And most landlords that have not had their property for many years have a tax loss so they don't see that reduction in taxable income for years in the future.)

[tracelina.livejournal.com]

It's possible that the bugs were there when you moved in. This was the case in an apartment I lived in a few years ago--the previous tenants had brought them in but didn't tell anyone until I called one of them to ask about it. The landlords paid. They were stingy about some other things, but they understood that it was their responsibility to get rid of the bugs. Period.

[c011een.livejournal.com]

As previous posters mentioned, the landlord is most definitely responsible for the exterminator bills. Personally, I don't think you should pay it just to be polite.

Bed bugs are getting increasingly common and can be transported very easily. My boyfriend had an infestation at his last apartment and it was a terrible experience for him. He ended up throwing away most of his stuff and packing up the rest of it in sealed plastic containers. A year later, he took some books out of the sealed plastic container and found a live bed bug.

Avoiding bed bugs:
Don't take stuff off the street.
If you do take stuff off the street, visually inspect it for live bugs or poop.
In hotels, it's always good to check the bed. Even really nice hotels can get bed bugs.
After a trip, you can put your clothes into a sealed plastic bag and wash them in hot water before bringing them into your house.

I know this might sound paranoid, but bed bugs are a real pain in the ass.

Yes, but ...

[filigreepm.livejournal.com]

It is the landlord's responsibility (unless it says otherwise in the lease that you signed). But she/he may not know that. Give her/him an opportunity to explain why they presented you with the bill.

Like any other maintenance issue, the landlord should understand resolving the problem is not much different than fixing a leaky sink or broken ceiling light without documented proof that the issue arose by your actions.

If you cannot see eye to eye after a conversation, proceed from there. You can always escalate later, but it's hard to unwind tension after it is there.

Good luck,

-lars