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Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 5335
Experience:  Licensed to practice before state and federal court
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My son is living in a (old) boarding house, rented room by

Customer Question

My son is living in a (old) boarding house, rented room by room. New renters have moved in recently and now his room is infested with bedbugs.I'm sure the landlord is responsible for correcting this but is she also required to pat for hotel & related expenses too?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Salem, Oregon
JA: Has anything been filed or reported?
Customer: He is reporting it to the landlady today. He knows she has next to no money and doubts she will reply.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Can you email me the section of tenant/landlord law that would apply to this matter? Otherwise, no.
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  Legal Eagle replied 3 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Expert:  Legal Eagle replied 3 months ago.

I'm sorry to hear about this situation that you are in. I have children too and I can only imagine if they are doing such a thing. Now, if the new renters have moved in and the place is now infested with bed bugs the landlord is likely breaching the implied warranty of habitability that comes along with every lease contract in the country. An implied warranty of habitability just means that the place is going to be habitable, including not having a bug infestation. You're correct in that the landlord is responsible for correcting this and the landlord should be responsible for paying for the hotel or not charging for rent for the number of days that your son has to get a hotel. The reason is because if your son has to leave and get a hotel and means that he has been constructively evicted. A constructive eviction simply means that somebody is being evicted without the proper procedures being followed in your state. Usually, the procedures just require notice and a good reason for the eviction. However, if somebody has to leave because there is a bug infestation the landlord either has to not charge rent for those days that he's gone or pay for a hotel until the bed bugs are cleaned out.

You may want to consider just writing a formal demand letter that the landlord fix the problem and provide appropriate accommodations and compensation. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?