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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2983
Experience:  Litigation Attorney
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Im in extended stay motel with a bed bug infestation can I

Customer Question

im in extended stay motel with a bed bug infestation can I get compensation for the horrible bites I have and family and for a new place to stay?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 2 years ago.
My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship. First of all an extended stay motel creates a landlord tenant relationship. Under Missouri LL/Tenant laws once residency has been established by staying more than 30 days the tenant becomes a month to month tenant which requires notice to terminate the tenancy. Generally speaking, trying to hold a landlord liable for property damages as a result of bed bug infestation is an up-hill battle. First of all, the plaintiff (in this case you as the tenant) would have to find proof of negligence on the part of the landlord in regards ***** ***** infestation. Basically, if the landlord knew that an infestation existed in your apartment before you signed the lease, did not tell you about it, and did not act to rid you of the problem with due diligence, then the landlord was negligent and you may be entitled to property damages.The challenge is proving that negligence took place. Most landlords will counter your claim by saying that bed bugs could come from anywhere and it could be your own doing. Maybe it was a guest or another tenant whose infestation entered your living area and destroyed your furniture. Unfortunately, this argument is perfectly reasonable and is usually favored in the U.S. court system. A Missouri appeals court did rule that an apartment owner did not do enough to eradicate bed bugs and must return a tenant's rent. The Missouri Court of Appeals upheld a lower court’s decision and ordered the apartment owner to return the tenant’s rent. The limit to your damages will most likely be limited to the last month of rent or possibly the rent over the effected time period and if it is found that the landlord is at fault the possibility of damages for the furniture. You will be able to leave but the landlord will most likely not be liable to any costs for moving into a new apartment. Please let me know if you have any further questions or require any additional guidance. Please do not forget to positively rate my answer as this is the only way that I am compensated for my work.