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legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 7451
Experience:  Just Answer consultant at Self employed
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I rented from some people who knew the tenants below is had

Customer Question

I rented from some people who knew the tenants below is had a history of bed bugs and never told us. We ended up becoming infested with bugs also. They sprayed in the apartment once but the bugs only got worse. We wake up every day bit up my son looks awful covered in bug bites. Can I do anything about it?
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 4 months ago.

Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"

It is important to adequately document it (after giving the landlord an opportunity to rectify the problem) so that if the tenant moves out they will successfully be able to argue constructive eviction and not be stuck with rent.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 4 months ago.

Checking in on the above;

thank you for using Just Answer!