Thank you for your additional information, Wanda,
"I believe the apt bldg is negligent by not doing the preventative treatment on 5/1/13 as stated. I want out of my lease backdated to that point and reimbursement for the hotel and loss of furniture.... What are my chances? "
The apartment building took a proactive approach in engaging Terminex to treat your apartment and sent you a letter to that effect and that is what Terminex was supposed to do. You stated, however, that the Terminex people did not treat the entire apartment the way that they were supposed to and did not treat the furniture. Therefore, in that regard, the Court would not find the apartment building negligent. Terminex is the party that was negligent and they should have known better, being experts in the field, that bed bugs generally infest furniture.
You should be awarded all costs you incurred in having to stay at a hotel because people cannot be in the area which is being treated for this type of infestation and you should be awarded your costs for furniture. I wish I could tell you that the Judge would allow you to leave the property without any further liability to the landlord, but I do not think the Judge will rule that way. The Judge will probably say that since the apartment has been completely treated and it is no longer infested, you would have to honor the balance of the lease term. I know exactly how you feel and I would not want to return to the apartment either. If I were in your situation, I would make every effort to negotiate with the landlord to allow me to vacate the apartment, even going to my doctor and having him write some kind of report that I could not remain in the apartment for some medical reason relating to the bed bugs or the type of chemicals that are used to treat the infestation. That way I would have a medical report as a "backup" reason for having to vacate the apartment for health reasons,
I realize that this is not exactly the Answer you were hoping for and it would have given me great pleasure to give you the Answer you wanted to hear, but I have an ethical obligation to you to give you only correct Answers and information, so I am respectfully asking that you not hold the law applicable to your situation against me,
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