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Are bed bug addendums in leases legal? How can I can prove…

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Are bed bug addendums in...
Are bed bug addendums in leases legal? How can I can prove the landlord lied?
Submitted: 7 months ago.Category: Landlord-Tenant
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Answered in 7 minutes by:
11/16/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 12,330
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. What state do you live in?

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Customer reply replied 7 months ago
Kansas
Customer reply replied 7 months ago
No
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Ok, so generally bed bug addendums in leases are legal in Kansas. However, I'm wondering what you mean by how can you prove the landlord lied. Would you be able to provide more information to me about this?

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Customer reply replied 7 months ago
I'm 100% sure I didn't bring them in. Extermitors told me I've lived here long enough for them to make themselves noticeable after move in. House was up for rent, then taken off market and empty for several months before it was put up for rent again. We moved in shortly after. We rent through a property management company. We were told during walk through when I asked why the previous tenant moved out and house was empty for so long that the agent was told by the property owner that exterior work was being done. However, even the agent noted that no work was done. (Paint outside chipping, rotted wood)
Lawyer: Legal Eagle, Lawyer replied 7 months ago

I see what you mean. If they are saying you brought the bed bugs in when you know for fact that the landlord is lying, then any charges to you for this would be a classic breach of contract. This is of course if you aren't contractually responsible for clearing out bed bugs regardless of fault. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

What other questions did you have for me?

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Customer reply replied 7 months ago
In fact, the landlord paid a company to paint the house after we moved. Of which I only found out when painters were scraping paint off my bedroom window at 7am, I was never notified they would be here!
Lawyer: Legal Eagle, Lawyer replied 7 months ago

I'm so sorry to hear about your situation. It seems like the landlord lied to get you to pay.

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Customer reply replied 7 months ago
The clause states that the landlord has no knowledge of bed bugs so any bed bugs found is on me. Is the fact that I was lied to on walk through enough to get them to pay?
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Yes. If that is the case, then they are engaging in fraud.

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Customer reply replied 7 months ago
Can I also go after them for painting my Windows shut then failing to fix that after I notified them of it?
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Yes. That itself is another breach of contract for failure to keep the place in habitable condition. Did you have any other questions for me?

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Customer reply replied 7 months ago
Would this be worth getting a lawyer for?
Lawyer: Legal Eagle, Lawyer replied 7 months ago

Probably not. I think you could handle this on your own for much cheaper.

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Lawyer: Legal Eagle, Lawyer replied 7 months ago

Any other questions for me?

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