Posted By Larry Tolchinsky    on December 8, 2016  
    In Florida, the obligation of a landlord to a tenant with    regard to providing a clean and safe living condition    when leasing and renting of residential real estate, is    governed by Florida statute and Florida court opinions  this    includes renting in a large apartment complex, single family    home, vacation rental or condo.  
    Be aware, bed bugs bites     can resemble spider bites and mosquito bites. Thats    why we recommend that you see a Doctor to determine the exact    type of bite you have. Often times, people learn that    those innocent looking bites are in fact caused by bed    bugs.  
    Most bed bug related landlord tenant disputes stem from the    landlords lack of knowing how to deal with    an infestation in an apartment and from not having a    coherent bed bug policy as to proper cleaning, extermination    and the hiring of certified experts to address an infestation.    (Bombing bed bugs, if done incorrectly, can simply lead to the    bed bugs spreading to other areas of the home or apartment    units in the complex.)  
    Bed bugs have been found in high end apartment complexes and    vacation resorts and their presence is not determined by the    cleanliness of the living conditions where they are found.  
    According to     Florida statute 83.51, unless agreed in writing, the    landlord of an apartment complex is required to    exterminate for bedbugs. Furthermore,     Florida statute 83.56 states if a landlord materially    fails to comply with 83.51  within 7 days after    delivery of written notice by the tenant specifying the    noncompliance and indicating the intention of the tenant to    terminate the rental agreement by reason thereof, the tenant    may terminate the rental agreement.  
    However, be aware, going down this road can lead to an issue    with the     landlord not returning your security deposit.
    Unfortunately, most renters insurance dont cover claims    related to maintenance issues. Thats because the costs    associated with eliminating bed bugs is considered part of    standard home maintenance.  
    Thus, Florida landlords and property managers need to properly    maintain their premises, including having a maintenance program    that looks for and properly treats any bed bug infestation.  
    Due to the invasive nature of bed bugs (they can lay several    eggs per day), an infestation can lead to personal injury    claims against a property owner and/or other interested parties    (i.e. leasing and rental agents and property management    companies).  
    If a tenant, shows signs of a bite, from a small bite    mark, to a serious allergic reaction, then the landlord,    property manager, or leasing agency, may be held liable for    those injuries. In Florida, landlords have a duty to provide    habitable living conditions (some duties can be contracted away     check your lease).  
    Further, a claim for damages in a bed bug lawsuit can be    significant, particularly if the apartment tenant has engaged    the help of a mental health professional for severe     emotional distress. Those damages are in addition to    claims for     pain and suffering,     lost wages, reimbursement of medical expenses, relocation    expenses, property damage and more. To this end, be sure    to take pictures or video of your bites and try to collect    evidence of the infestation, including capturing a bed bug, if    possible.  
    If you are dealing with a bed bug issue in your apartment, a    good piece of advice is to speak with an experienced Florida    real estate lawyer to learn about your rights, including what    information you will need to make a claim and the amount of    damages you may be able to recover. Most real estate lawyers,    like Larry Tolchinsky, offer a free initial consultation (over    the phone or in person, whichever you prefer) to answer your    questions.  
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