Can I sue my landlord for fraud, gross negligence and breach of implied warranty of habitability regarding a bedbug infestation?
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Can I sue my landlord for fraud, gross negligence and breach of implied warranty of habitability regarding a bedbug infestation?
I have obtained written confirmation that my landlord knew of and declined treatment of a bedbug infestation prior to him leasing me an apartment. Not only did the landlord fail to disclose that fact but he added a clause to the lease stating that I woud responsible for the cost of pest control. When I objected to this clause he stated that the clause would be enforced if my living habits were the cause of an infestation. Since I thought that was reasonable I agreed. After alerting him of the bed bug issue he tried to blame me knowing that the is already existed.
Asked on May 9, 2012 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You likely have grounds to sue the landlord for:
1) Fraud--from what you write, he knowingly misrepresented (or lied about) a material (or important) fact.
2) Breach of the implied warranty of habitabilty--a significant unresolved pest infestation may violate this warranty by creating health and sanitary conditions that render the premises unfit for their intended purpose of residence.
3) Breach of the covenant of good faith and fair dealing--all contracts (including leases) impose an obligation on the contracting parties to not intentionally do something to destroy the "fruit"--or value--of the contract for the other party; tricking you into accepting responsibilty for a known condition and lying about whether it was pre-existing or not could violate this covenant.
It would not be negligence or gross negligence--that cause of action would not apply based on the facts you describe. (Among other things, remember that "negligence" is carelessness, and "gross negligence" is great carelessness--but you have described intentional wrongdoing.)
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