Will Landlord Pay for Furniture in a Bed Bug Infested Apartment

by Greg
(Marlboro, MA)

My neighbors that lived right next door, moved out October 15. The management went to work the next day tearing up carpet replacing walls, the whole 9 yards.

A couple of days later my 15 year old son wakes up, with what looks to be a rash, from his waist to his armpit then down to his wrist no big deal. The very next morning about 4 AM he wakes up screaming he has bugs all over his bed and walls,if you've had this problem you know the rest.

I have retained a lawyer and withheld the rent. I have been here 16 months with no problems. After this incident my neighbor informed me that the tenant had a major infestation of bedbugs before he moved out.

My question is, will I be reimbursed for anything I had to throw out? The pest control company told me to trash 1 bed and box spring, 1 pull out sofa bed, pillows and more. Am I wasting money on a lawyer? It is now 6 weeks later, 3 treatments and I still have the nasty little things.

Please help. Going out of my mind,

ps,sleeping on couch for 6 weeks

Editor Suggestion, Bed Bugs in Apartment and your Rights

Hi Greg,

Sorry to hear about your bed bug apartment problems. Your rights as a tenant are explained in the materials available here.

In Massachusetts there is no question that your landlord is 100% responsible for treatment. In fact they may have not followed the law in not providing any notification to you that an adjacent apartment was infested with bed bugs.

Unfortunately, in my reading of available documents, it is not clear if you must be reimbursed for any furniture that needed to be removed as part of the Pest Management Plan. Your best bet would be to ask your lawyer directly if you should expect reimbursement for furniture and bedding. Also ask your lawyer for an estimate of all costs that you might incur. If you can't afford a lawyer, contact your local legal aid society for help. When speaking to your lawyer, ask him or her what should be put in writing. For example, does the infestation have to be reported to and documented by the local department of health. Do request for furniture removal have to be in writing as well?

Best of luck in resolving the problem and please let us know how the problem is resolved. You can find more on Massachusetts landlord tenant law here.

Best of Luck,

Jeff