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Old 07-30-2016, 12:44 PM
 
Location: pensacola, florida
4 posts, read 2,372 times
Reputation: 10

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I need help ASAP...I moved into apartment complex jan.1st 2016...i have bed bugs..i live in Florida...End of May, my son moved here and noticed some bugs...i saw one and thought to be a small beetle and sprayed..It was not till July 13th that it was bed bugs..My company had left 2 days prior and she was covered in bites,..I immediately contacted landlord and she said that it was my responsibility and that my company, which came in Mid May, probably brought them in...I cannot see how a HUGE infestation from mid may till end of may when my son came and noticed several adult bugs...I have read Florida law on this , but still confused as to who is responsible,,,my lease says that i am responsibliity to spray,,,she said circumstances like this is why she put into lease...i am allowed one spraying, which i have not used yet....i have treated myself over and over since for over 2 weeks and still have them and losing my mind...Can someone please HELP ME to understand who is responsible...
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Old 07-31-2016, 08:45 AM
 
10,608 posts, read 13,343,695 times
Reputation: 17153
Bunch of threads here on that:

Florida Law on Bed Bugs


Bed Bugs Landlord Florida (apartments, rental, attorney) - Fort ... Jan 6, 2015
Recurring bed bugs. Need advice (Florida, court, sleeping, dealing ... Mar 21, 2014
Roach and Bed Bug Disaster Ending!!!!! - Renting -Apartments ... Jan 3, 2014
My renters have bed bugs (apartments, landlords, property, Florida ... Oct 2, 2010


Landlord Tenant law says:

.... the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph....


Statutes & Constitution :View Statutes : Online Sunshine

If your landlord says they added a clause to your lease which goes against the law, you need a lawyer. They know the case law about who won or lost in court over these matters. And how the court interprets "reasonable provisions for".

If it's a COMPLEX it sounds ridiculous for the "landlord" to say they can prove how they got there. Which is why the law is written as it is. Also she seems to forget your unit may infest your neighbors, too.

Is this really an apartment complex or a CONDO complex with individual owners?

Last edited by runswithscissors; 07-31-2016 at 09:06 AM..
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Old 07-31-2016, 11:57 AM
 
Location: New York
1,482 posts, read 1,386,273 times
Reputation: 1814
The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlordís obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.

(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 daysí written notice, if necessary, for extermination pursuant to this subparagr
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Old 07-31-2016, 02:42 PM
 
Location: pensacola, florida
4 posts, read 2,372 times
Reputation: 10
Quote:
Originally Posted by runswithscissors View Post
Bunch of threads here on that:

Florida Law on Bed Bugs


Bed Bugs Landlord Florida (apartments, rental, attorney) - Fort ... Jan 6, 2015
Recurring bed bugs. Need advice (Florida, court, sleeping, dealing ... Mar 21, 2014
Roach and Bed Bug Disaster Ending!!!!! - Renting -Apartments ... Jan 3, 2014
My renters have bed bugs (apartments, landlords, property, Florida ... Oct 2, 2010


Landlord Tenant law says:

.... the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 daysí written notice, if necessary, for extermination pursuant to this subparagraph....


Statutes & Constitution :View Statutes : Online Sunshine

If your landlord says they added a clause to your lease which goes against the law, you need a lawyer. They know the case law about who won or lost in court over these matters. And how the court interprets "reasonable provisions for".

If it's a COMPLEX it sounds ridiculous for the "landlord" to say they can prove how they got there. Which is why the law is written as it is. Also she seems to forget your unit may infest your neighbors, too.

Is this really an apartment complex or a CONDO complex with individual owners?
this is an apartment complex that has let others buy at times...my landlord owns 14...dont know if i mentioned,,,i have a lease written up from her stating it is my responsibility for extermination...i am allowed one,,,which i have not had and apt has not been sprayed before i moved in...i told my neighbors and she said that landlord did not let her know...Seems like that would be against law...i just didnt know since i signed lease, but due to infestation,,,is she responsible
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Old 07-31-2016, 02:59 PM
 
Location: Sugarmill Woods , FL
6,235 posts, read 5,364,592 times
Reputation: 13586
Why not just get the problem solved, THEN figure out who is ultimately responsible for paying!
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Old 07-31-2016, 03:07 PM
 
Location: pensacola, florida
4 posts, read 2,372 times
Reputation: 10
cant pay 1000 dollars..dont have,,,on social security...any suggestions
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Old 07-31-2016, 03:39 PM
 
Location: New York
1,482 posts, read 1,386,273 times
Reputation: 1814
Quote:
Originally Posted by reginalkitchens View Post
this is an apartment complex that has let others buy at times...my landlord owns 14...dont know if i mentioned,,,i have a lease written up from her stating it is my responsibility for extermination...i am allowed one,,,which i have not had and apt has not been sprayed before i moved in...i told my neighbors and she said that landlord did not let her know...Seems like that would be against law...i just didnt know since i signed lease, but due to infestation,,,is she responsible

The law clearly states that you are responsible for extermination if it's written in the lease. Did you get any sort of written agreement that the landlord would pay for the first spraying?
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Old 07-31-2016, 03:41 PM
 
Location: Sugarmill Woods , FL
6,235 posts, read 5,364,592 times
Reputation: 13586
Quote:
Originally Posted by reginalkitchens View Post
cant pay 1000 dollars..dont have,,,on social security...any suggestions
Move and let them sue. At least you won't have to live with bed bugs! Always READ what you sign...
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Old 07-31-2016, 07:26 PM
 
Location: Davie, FL
1,916 posts, read 1,171,959 times
Reputation: 1327
You can't pay because you are on social security.... that sounds cool.... So because YOU can't afford to solve YOUR bug problem, you think others should cover the bill? ***MOD CUT***

It's in the lease, it's your problem. Deal with it. I make sure all my leases have the tenant responsible for extermination. I learned that quick. They'll live like pigs, bugs all over, and I end up footing monthly extermination costs and regular complaints. Not all, but the dirty tenants. After that happened a couple times, no more. It's your problem. And if the place is nasty and covered in bugs, I'll deduct extermination and additional cleaning from your security when you move out.

YOU have bed bugs. That's YOUR problem. Why should the landlord have to deal with it? Nonsense.

Curious, was the place furnished? Is it possible you brought them there when you moved in?

Last edited by doggiebus; 08-01-2016 at 05:01 PM..
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Old 07-31-2016, 07:29 PM
 
Location: Davie, FL
1,916 posts, read 1,171,959 times
Reputation: 1327
Quote:
Originally Posted by froglipz View Post
Move and let them sue. At least you won't have to live with bed bugs! Always READ what you sign...
Oh yeah, that's great advice. Tell them to break the law and get sued. You know, some landlords will absolutely sue. I'm one of them. I'd do it out of principle just to make their life as miserable as possible for ripping me off.... because ripping off her landlord is exactly what you are suggesting.
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