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Ely
Ely, Counselor at Law
Category: Landlord-Tenant
Satisfied Customers: 102146
Experience:  Attorney
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I have a problem in my apartment with Bedbugs, my management

Customer Question

I have a problem in my apartment with Bedbugs, my management office is not helping me to get rid of the problem. I pay rent, what should I do about the bedbugs I am bite every night and wake up in the morning with new bites.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information only for educational purposes only, and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation. Can you please tell me if you believe that the bedbugs were brought in by someone, or were they there from the beginning?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
There was in Dec. 2012 the same issue with bed bugs. Now in Dec 2015 the same problem.
Expert:  Ely replied 1 year ago.

Thank you.

Warranty

By law, the landlord owes a duty to the tenant to ensure the property is in good order. This is called a warranty of habitability. See See Jack Spring v. Little, 50 Ill.2d 351, 280 N.E. 2d 208 (1972); Glasoe v. Trinkle, 107 Ill.2d 1, 479 N.E.2d 915, 88 Ill Dec. 895 (1985).

What Can Tenant Do?
A tenant may file suit for breach of the warranty, OR, give the landlord reasonable notice to fix the problem in writing, and if the landlord does not do so in reasonable time, leave, and use it as a defense to eviction and to get the deposit back in small claims court.

But...

The issue here will be who brought in the bugs? The landlord will claim the tenant did. The tenant will have to prove by preponderance of the evidence that they did not, and the property was/is infected due to landlord not taking care of it somehow.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

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