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Dwellings become infested in a variety of ways - for example, people can acquire bedbugs at hotels and bring them back to their homes in their luggage, or inadvertently bring them home in infested furniture. As most landlords and property managers in the multi-family housing industry realize, bedbugs can travel between units in multi-unit dwellings after being originally brought into the building by one of the above routes. Furthermore, because there are documented reports that bedbugs are able to lie dormant for up to five hundred days, it can be very difficult to trace the source of the infestation to a single responsible party.
There are two potential avenues of liability facing a landlord with a bedbug infestation: statutory and contractual claims, and tort claims. For breach of contract and statutory violation claims, the elements are similar: a recognized obligation and the failure to complete that obligation. As landlords and property owners, you are familiar with tenants breaching their lease agreements by failing to pay rent or complying with statutory duties (such as Ala. Code 35-9A-303s requirements for landlord-access).
The methods of analysis for claims against a landlord are fundamentally the same. For bedbugs, like all pests, there are three key statutes to consider:
The presence of bedbugs has been held, by courts in other jurisdictions, to render the premises uninhabitable and therefore could constitute a violation of Ala. Code 204(a)(2), the penalties for which is actual damages. It is arguable that Ala. Code 407 could also be applied to a situation in which a landlord fails to act when confronted with evidence of a bedbug infestation.
In addition to claims of breach of contract and of statutory duty, there exists an additional, oftentimes more attractive, path to damages - the tort claim. Torts like negligence, fraud, and intentional infliction of emotional distress have been reduced to buzz words in modern parlance, but they have specific elements that must be proven in order to be successful.
Negligence, is the bread and butter of tort claims and requires a plaintiff to prove: 1) a duty of care owed by defendant to plaintiff; 2) a breach of that duty; 3) causation (i.e., that the acts or omissions by the defendant were the cause of the plaintiffs injury); and 4) damages. For example, a tenant wanting to demonstrate that her landlord was negligent in allowing her personal property to be infested by bedbugs would have to demonstrate that: 1) the landlord/defendant owed the tenant/plaintiff a duty of care to provide a habitable premise; 2) the landlord/defendant failed to make reasonable efforts to provide the tenant/plaintiff a habitable premise by refusing to pay for remediation efforts; 3) that landlord/defendants failure to pay for remediation efforts resulted in the destruction of tenant/plaintiffs property; and 4) that the property had value.
Misrepresentation and fraud are two aspects of the same offense: presenting circumstances in an untrue light to induce a party to agree to a transaction. Negligent misrepresentation relies upon providing that the alleged tortfeasor withheld or neglected to pass along information (such as the presence of bedbugs) to the customer that would have allowed the customer to make an informed decision (and, presumably, not enter into the lease for that apartment in the first place). Fraud by concealment is a tort claim where the party offering the contract not only failed to disclose certain information but also actively concealed it - potentially to the extent of outright lying about the issue. These intentional torts open up the possibility of punitive damages that go beyond making the plaintiff whole (the job of compensatory damages) and instead focus on punishing the defendant for his or her conduct.
In considering the question of tort claims from the perspective of a landlord, an infestation in a single apartment is probably only an issue for negligence-related claims and an allegation of breach of contract. When a landlord refuses to take action to remedy the problem or willfully ignores it, or allows a problem to become endemic throughout a community, the measure of damages grows.
In closing, I would remind you that dealing effectively with bedbug cases is essentially a customer service issue. Tenants who believe that their landlord or property manager has been responsive to their concerns and helped to the best of their ability is far less likely to seek redress through the courts than tenants who believe their landlord has failed to take their concerns seriously or who has outright lied about the source of the infestation.
Bedbug remediation is going to be expensive and is going to require treatment of more than just the infested unit. Most of this treatment will not be covered by conventional insurance policies. When confronted with an infestation, contact your pest elimination vendor immediately and then instruct the resident on what he/she needs to do to prepare for treatment. Aggressively monitor the problem and compel compliance by your residents if necessary, with fourteen day notices of rental agreement noncompliance. Failing to act aggressively and consistently can result in an infestation becoming an epidemic and one tenants complaint becoming a multi-plaintiff lawsuit. Avoid belittling the tenant or directly accusing the tenant of being the source of the infestation, and be sure to paper the record with every conversation relating to the infestation. Seek legal advice immediately and remember that there is no stigma attached to a bedbug infestation - bedbugs are the ultimate communists - they do not respect any form of status and can infest any dwelling, from the ritziest of multifamily communities to the sleaziest of flophouses.
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The Alabama Landlord: Bed Bugs
- WGNO Reports on Inspector Hound, Bed Bug Dog - September 6th, 2011 [September 6th, 2011]
- Landlord Tortures little girl with bed bugs - September 24th, 2011 [September 24th, 2011]
- BED BUG DOG - Inspections - Video - October 15th, 2011 [October 15th, 2011]
- Bed bugs reported at Huntsville Housing Authority's Johnson Towers apartment building - February 2nd, 2012 [February 2nd, 2012]
- Louisiana family battles bed bugs - February 7th, 2012 [February 7th, 2012]
- Huntsville Housing Authority still monitoring bed bugs at Johnson Towers senior apartments - February 7th, 2012 [February 7th, 2012]
- Huntsville, Ala., offers look at rocket science, history, gardens and more - June 17th, 2012 [June 17th, 2012]
- Report Bed Bugs | Bed Bug Reports | Bed Bug Hotels and Apartment ... - November 3rd, 2013 [November 3rd, 2013]
- Birmingham AL Dermatologist Doctors - Bed Bugs Bites, Signs, in ... - November 5th, 2013 [November 5th, 2013]
- Bed Bug Registry Database Alabama, Usa, National Bed Bug Registry ... - November 5th, 2013 [November 5th, 2013]
- Bed Bug Registry Database Alabama, Usa, National Bed Bug ... - November 27th, 2013 [November 27th, 2013]
- Bed Bugs - RentLaw.com - January 11th, 2014 [January 11th, 2014]
- Alabama Bed Bug Law - January 16th, 2014 [January 16th, 2014]
- Birmingham AL Dermatologist Doctors - Bed Bugs Bites ... - January 24th, 2014 [January 24th, 2014]
- Bed bug problem plaguing downtown Montgomery apartments - February 27th, 2014 [February 27th, 2014]
- Alabama Bed Bug Law - ColeRepair.com - May 8th, 2014 [May 8th, 2014]
- Exploring Solutions on How To Get Rid Of Bed Bugs in ... - November 19th, 2014 [November 19th, 2014]
- Anchor Pest Control Leads the Industry with K9 Bed Bug ... - November 20th, 2014 [November 20th, 2014]
- KCK assisted living facility battling bed bugs - WSFA.com ... - November 20th, 2014 [November 20th, 2014]
- Orkin's 50 worst cities for bed bugs - Alabamas13.com WVTM ... - November 28th, 2014 [November 28th, 2014]
- President's Prescription: Bed bugs - WAFF-TV: News ... - January 12th, 2015 [January 12th, 2015]
- FSI K9 Services - Bed Bugs - January 19th, 2015 [January 19th, 2015]
- Bed Sized Bed Bug Trap LLC Develops New Trap with the Goal ... - January 21st, 2015 [January 21st, 2015]
- Myrtle Beach, Florence among top cities with bed bugs ... - January 24th, 2015 [January 24th, 2015]
- Bed Bugs - CEDAR-ALCEDAR-AL - Welcome To Our Online Store ... - February 6th, 2015 [February 6th, 2015]
- Bed Bugs Won't Give You Chagas Disease (probably) | WIRED - August 9th, 2015 [August 9th, 2015]
- How to Get Rid of Bed Bugs - Get Rid of Bed Bugs Today - October 22nd, 2015 [October 22nd, 2015]
- How To Get Rid of Bed Bugs Mobile, Alabama - Pest Control - March 7th, 2016 [March 7th, 2016]
- Cost of Getting Rid of Bed Bugs - Estimates and Prices Paid - March 7th, 2016 [March 7th, 2016]
- Hotel Obligations for Bed Bugs | USA Today - March 26th, 2016 [March 26th, 2016]
- Getting Rid Of Bed Bugs - bedbugcontrolbirmingham.com - April 3rd, 2016 [April 3rd, 2016]
- Alabama officials warn: Don't let the bedbugs bite | AL.com - May 2nd, 2016 [May 2nd, 2016]
- How To Get Rid of Bed Bugs Birmingham, Alabama - May 2nd, 2016 [May 2nd, 2016]
- Do I Have Bed Bugs? | Rentokil - May 9th, 2016 [May 9th, 2016]
- Bed Bug Control for Alabama, Mississippi & Louisiana ... - May 12th, 2016 [May 12th, 2016]
- Caretaker charged after 96-year-old dies from bed bug bites - WAAY - February 26th, 2017 [February 26th, 2017]
- Bed Bugs in Clothing - Orkin.com - March 8th, 2017 [March 8th, 2017]
- Don't bring bed bugs home from vacation - Alabama's News Leader - March 12th, 2017 [March 12th, 2017]
- What do Bed Bugs Look Like? - Orkin.com - June 5th, 2017 [June 5th, 2017]
- #ICYMI: HOA battle forces man from home, and an epic freak out over bed bugs - whnt.com - June 10th, 2017 [June 10th, 2017]
- Meet New York City's bedbug-sniffing dogs - Metro US - July 6th, 2017 [July 6th, 2017]
- Bed Bug Treatment in Alabama | Bama Exterminating - July 16th, 2017 [July 16th, 2017]
- Bed Bugs : How to Get Rid of Bedbugs - Orkin - July 20th, 2017 [July 20th, 2017]
- Cleveland Tops Terminix's Newest 'Top 20 Bed Bug Cities' List - PCT Magazine - August 26th, 2017 [August 26th, 2017]
- Alabama, United States Bed Bug Registry Map Bed Bug ... - January 6th, 2018 [January 6th, 2018]
- Bed Bug Pest Control for Huntsville AL | Scout Pest Control - February 6th, 2018 [February 6th, 2018]
- Alabama Bed Bug Removal - alabama-pestcontrolco.com - March 15th, 2018 [March 15th, 2018]
- Bed Bugs: What You Need To Know - Pest Control | Bama ... - December 17th, 2018 [December 17th, 2018]
- Bed Bug Control in Gulf Shores Alabama - Home Safe Pest ... - May 7th, 2019 [May 7th, 2019]
- Bed bugs, fire hazards and mold: Inside Alabamas worst ... - July 24th, 2020 [July 24th, 2020]
- Exterminators turn to new treatments to get rid of bed bugs - December 22nd, 2021 [December 22nd, 2021]
- How Do Bed Bugs Reproduce? | Terminix - June 28th, 2022 [June 28th, 2022]
- How To Get Rid of Bed Bugs - The Ultimate Guide for 2022 - July 8th, 2022 [July 8th, 2022]
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