Lake House Rental had Bed Bugs - Legal Advice?

[Mark 3 Pointer]

Some friends and I rented out a house on Indian Lake last week. Arrived on Thursday and were suppose to stay through the 4th. Late Friday night we noticed that the place had bed bugs. As you can imagine nobody wanted to stay in the place after that. Saturday morning we went to the store bought garbage bags and 91% alcohol to treat all of our stuff. When we got back to Cinci we went straight to the laundromat and washed everything on high heat anything that lacked substantial value we discarded, however the net of the discarded items was substantial.

Long story short a weekend that should have been fun became an ordeal. The property management company is playing hard ball and so far refusing to refund our money. Does anyone know if we have any legal muscle in a situation like this? Do we have any right to seek damages? If so what?

[bobbiemcgee]

I am 3-0 in small claims court. Just document, document, document everything. You will win easily even if it gets to a referee. Pretty disgusting stuff.

http://www.care2.com/greenliving/is-your-city-in-the-bedbug-top-10.html?page=2

[Emp]

The required venue is likely not in Hamilton County, but in Bellefountain or in whatever county IL is in. You will have to show up at least twice for a trial. Depending on how much is at stake, it may not be worth your while.

Did you report this to the local county health authorities? local BBB? Document with photos and some bedbugs in a jar or baggie? Be prepared for some hardball, including a counterclaim that someone in your party brought the bugs in.

Read your rental agreement, it may specify where disputes are resolved. You may well have a claim, but getting the $ back can be a long process.

[Mark 3 Pointer]

The required venue is likely not in Hamilton County, but in Bellefountain or in whatever county IL is in. You will have to show up at least twice for a trial. Depending on how much is at stake, it may not be worth your while.

Did you report this to the local county health authorities? local BBB? Document with photos and some bedbugs in a jar or baggie? Be prepared for some hardball, including a counterclaim that someone in your party brought the bugs in.

Read your rental agreement, it may specify where disputes are resolved. You may well have a claim, but getting the $ back can be a long process.


Our rental was $1,000 dollars and we spent probably $300 treating our clothes and belongings. We also had several hundred in spoiled food and a full day of a rental pontoon $350 that we couldn't use. We're looking at something close to $2,000 in total losses... not including time lost and a vacation weekend up in flames. Is it reasonable to think that any of those damages outside of the rent itself would be recoverable?

We are planning on contacting the county health authorities and BBB (i'd assume this should be done asap?). We have pictures that were taken when we found the bugs.

As for their counter argument that we brought the bugs in... of the 5 households represented in the rental four of those households have had 1 or more members trained in dealing with bed bugs (all work in hospitals or doctors offices) and the remaining household had their house checked less than a month ago as a condition of their closing.

[Fred Garvin 2.0]

One of Snipe's properties has bed bugs. His tenants complained and Snipe threatened to call ICE on them.

[bobbiemcgee]

One of Snipe's properties has bed bugs. His tenants complained and Snipe threatened to call ICE on them.

False alarm - All the Bedbugs had Green Cards. Tenants weren't asked.

[Emp]

Our rental was $1,000 dollars and we spent probably $300 treating our clothes and belongings. We also had several hundred in spoiled food and a full day of a rental pontoon $350 that we couldn't use. We're looking at something close to $2,000 in total losses... not including time lost and a vacation weekend up in flames. Is it reasonable to think that any of those damages outside of the rent itself would be recoverable?

We are planning on contacting the county health authorities and BBB (i'd assume this should be done asap?). We have pictures that were taken when we found the bugs.

As for their counter argument that we brought the bugs in... of the 5 households represented in the rental four of those households have had 1 or more members trained in dealing with bed bugs (all work in hospitals or doctors offices) and the remaining household had their house checked less than a month ago as a condition of their closing.

It appears most of Indian Lake is in Logan County. Where is your landlord situated...perhaps in another county? I would start by calling the Board of Health, yes ASAP, in Logan County, reporting the infestation, and asking if there have been other complaints. Ditto BBB, though there may not be one in such a small county.

I cannot find Small Claims court rules for Logan County on a first search of the county web site http://http://co.logan.oh.us But the site lists a phone number for the clerk of court. Call and ask how to file a small claim, and if there are forms that can be mailed to you, or downloaded on line.

Damages: Start by reading your contract or agreement. It may limit damages, require claims be filed in a certain place, disclaim certain liability totally.

Non-economic damages (loss of the enjoyment of your weekend, the discomfort of the bites) are often limited or not available in some small claims courts or by contract. Look at the contract fully.

I suggest calling the landlord and asking who its insurance company is and how you can contact an adjuster. This may prompt more serious settlement discussions. If the landlord wont talk, document this in an email or a letter, and send.

Do retrieve all documents and receipts, including your pontoon rental agreement, receipts for the food, cost of washing clothing, etc. I would both copy and scan all of this into a package you can email at a moment's notice.

Be prepared to compromise your claims for a partial refund. The time and energy you will consume following up on this, and the aggravation, must be factored into your investment of money and time.

[GoMuskies]

I'll let one of the real lawyers here take this one, but I did want to mention one thing regarding Emp's advice. Sometimes in a contract a party will completely disclaim liability for certain matter, but that disclaimer is not worth the paper it's written on, because the state's statutes or case law do not allow for a disclaimer of those types of liabilities. Companies will still include those clauses in the agreements because they know it's unlikely that you'll actually read the contract before signing and they hope that seeing it written on paper that they are not liable will make you believe it. So don't give up just because the contract says that the rental company isn't liable for anything even if they're completely at fault.

[Snipe]

I would put the best case together on a string and try to get them to settle. You don't want to take this to court but they don't either. They also don't want any negative exposure. If in the end they don't want to settle I would just scrap the lawsuit and do everything I could to trash them on the internet. Maybe they have some site that rates the units, and maybe you come here and get all of us to register one day and we all give them negative reviews, that sort of thing. I could help a brother out. Put the fear of God in them but try hard to settle and not go to court. Everyone loses in court. Emp estimated two trips to Illinois. That is at least two trips. It is easy to continue things and play out the string. If you have to travel and they want to make it tough it could be four court dates easily.

Settle. Be hard ass and threaten them with every available option, but settle. In the end, take whatever they give you.

I am in fear of bed bugs. I have to set out tenants that leave them behind and I always fear bringing them home. Knock on wood, haven't had them yet. Still have some age old banned pesticides to get rid of them though. The old school EPA banned crap still works, and the reason we have them back is that the EPA banned all the effective pesticides. Think of all the human suffering that has happened because of that government regulation. It is insanity.

I wouldn't throw stuff out either. Spray it with a heavy dose of Malathion and leave it outside for a day. The stuff is only toxic when it is wet, so wear long sleeves and pants and glasses, but it kills them. It is not allowed for indoor use, but it used to be. It will kill them. It stinks too. It was banned for indoor use in the last decade or so, but they still sell it for outdoor use. In my experience, it kills them. You can spray the underside of a mattress and once it dries it really isn't a problem. Don't get it on your skin, and wear eye protection.

Don't throw out furniture if you have bed bugs. I have seen people throw out and replace all of their furniture and it costs them thousands. And many of the people that do that really can't afford it. Come to think of it, who the hell really can? I don't want to replace all of my furniture either. I would rather go to Rome because I have never been there.

Good luck. Roar like a lion and then try to settle. Try to get two people in on the negotiations. Good cop- bad cop. One is pissed and wants to make them pay, one is reasonable and can't we find an equitable solution. These people make their living renting these places, and they don't need too much trouble. Everyone has a price. If you can get 5 or 6 hundred back, take that and move on. Don't hold out for everything, you still got some value out of it.

Bedbugs are the reason I don't like hotels. I like camping, it is cheap and you don't have that element. I also stay with relatives as much as I can. Camping is not only much cheaper, but the potential for bedbugs could make your weekend getaway a true disaster if you bring some hitchhikers back. You guys were smart enough to look for them. Most people on here that check into a hotel wouldn't have much of a clue and that is how you bring them back.

[Mark 3 Pointer]

Good news... the landlord brought in a professional yesterday and confirmed the place was infested with bed bugs. He immediately offered a full refund.

Lesson learned... check rentals prior to bringing in any valuables.

[xu95]

I travel a lot for business. Bedbugregistry.com It is a good place to check the hotel you are going to. Once I get to a hotel, the first thing I do is check for bedbugs BEFORE I ever bring my suitcase into the room.

xu95