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Moved into an apartment in June of this year and have been…

Customer Question
Moved into an apartment...

Moved into an apartment in June of this year and have been eaten alive by bed bugs since. Had the landlord spray twice and never were able to unpack. Found out via the handyman this building has had problems with carpet beetles and bed bugs. Now when we report we are still having problems with such they ignore us. What are my rights for I may want to break my lease and envoke my renters insurance.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Westminster, Colorado

Lawyer's Assistant: Has anything been filed or reported?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It's effecting quality of my family life.

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 6 minutes by:
11/27/2017
Lawyer: insearchoftheanswer, Lawyer replied 8 months ago
insearchoftheanswer
Category: Landlord-Tenant
Satisfied Customers: 57,240
Experience: Lawyer; developer/owner of RE developments.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Lawyer: insearchoftheanswer, Lawyer replied 8 months ago

Good morning. You absolutly have rights here. With every rental comes the implied warranty of habitability, which includes the tenant's right to the safe, healthy, peaceful and quiet enjoyment of the rented premises. Where you have a situation with bed bug and beetle infestation which directly puts your health in peril, a tenant would clearly not be afforded such enjoyment of the premises....and therefore the landlord would be in breach of the implied warranty of habitability. This puts the landlord in default. This gives you the right to terminate the lease and sue for damages, including the cost of moving plus include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the reduced benefit of your rental bargain due to the inhabitability. Furthermore, although you have the right to terminate the lease due to the breach, you are not required to do so. Rather, you can file a claim against the landlord for damages due to this breach. Damages would include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the problems, and to either reduce the rent going forward or pay you for temporary living expenses, at your option, until the problem is fully remediated.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Lawyer: insearchoftheanswer, Lawyer replied 8 months ago

Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

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