Q: Due to a bed bug infestation, I was unable to live in my rent-stabilized apartment in Crown Heights, Brooklyn. The landlord hired an exterminator who has come three times, but the bugs are still there. The pest controller said they might be resistant to the chemical spray. My lease doesn't expire until September and I want to cancel it even though I have a roommate. My landlord has refused unless I hire someone to take over the lease, but I can't do that while it's still infested. This experience was mentally and financially debilitating. Is there a way out of the rental agreement?
A: You can decide to terminate your rental agreement. In this case, your landlord would be legally obligated to try to re-rent the apartment. But you would be responsible for the unpaid rent in the meantime — unless a housing court rules that this infestation is so intolerable that you can terminate the lease without penalty, said David A. Kaminsky, a real estate lawyer in Manhattan.
If you leave and your roommate is included in the lease, your landlord could sue you and the roommate to get the money back. If your roommate pays, they could in turn sue you for the funds, said Ami Shah, deputy director of the citywide housing practice at Legal Services NYC, which provides legal services to low-income New Yorkers.
Instead of breaking the lease, you could try negotiating an early exit. If you're successful, get a written agreement so you can prove the landlord agreed to the agreement. If you move out without an agreement and the landlord sues, you can use the bed bug issue as a defense. Be sure to keep evidence of the infestation, e.g. B. Photos and videos, as well as receipts for any costs you incur in connection with the infestation.
But a rent-stabilized apartment is valuable, so you may reconsider your desire to move out. Since you were unable to live in this apartment, you could still agree on a rent reduction with the landlord. If the landlord refuses, you file a lawsuit with the housing court demanding repairs, a so-called HP process, Ms. Shah said. A court may order the landlord to remedy the conditions, and a rent reduction may be part of a settlement agreement.
Your landlord was cooperative and made every effort to rid your apartment of bed bugs. Maybe you can try an alternative treatment.
“It's hard to tell which strain of bed bugs is resistant to which chemical,” said Luis Balseca, owner of All Out Bed Bug Exterminators in New York City. That's why Mr. Balseca uses a fungal treatment called Aprehend, which he says is more effective than chemical sprays on all strains of bed bugs.
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