Can You Sue Your Landlord for Bed Bugs? What to Do Next

by Amber Ackerman
(Owatonna, MN, STEElE county)

Reader Question: Can I Sue My Landlord for Not Removing Bed Bugs?

I am wondering if i can sue my landlord for not removing the bedbugs in my duplex. I have been asking my landlord since October to help me get rid of the bed bugs that are biting my children and infesting my home. I was told to remove and get rid of all my furniture and beds and buy new ones in November by my landlord.

I am a single parent of 4 children and cannot afford to keep replacing my furniture. Once again i told the landlord that I need her help to get rid of the bugs in the house and she told me its my problem and i have to cover the extermination, I finally after months of trying to find help got ahold of homelinemn.org and they recommended to send the lanlord a repair request letter,

I sent the letter to the landlord on june 4th of the following year. She called me in response to the letter on June 6th stating that there is no way in hell she is paying for the extermination of the bed bugs in my home.

She also told me she is going to write me a 30 eviction notice and then once i vacate the apt she will exterminate the bugs but not until i move out, ok so my problem is i can not move anywhere with my items when they are infested with bedbugs also. I am so frustrated with this situation and need help. I am unable to have company to my home and none of my children's friends can stay at our home due to being afraid they will spread,
I and my children have been tormented mentally and physically by the bedbugs and it is so frustrating that the landlord will not help me get rid of them. Please HELP!!!!

Our Response

Hi Amber, thank you for reaching out with your detailed situation. Bed bug infestations are a serious health and safety issue, and Minnesota has clear laws that protect tenants in such cases. Let’s break down your rights, your landlord’s obligations, and steps you can take to resolve this issue.

Landlord Responsibility in Minnesota

• Implied Warranty of
  Habitability: Minnesota law requires landlords to provide habitable living conditions. This includes addressing pest infestations like bed bugs in a timely and effective manner.
• Landlord’s Obligation to Act: Once notified of the infestation, your landlord is obligated to take action to eliminate it. This is true even if they claim you brought in the pests. It’s their responsibility to maintain the property’s habitability.
• Illegal Retaliation: Threatening eviction for reporting an infestation may violate Minnesota law, as landlords cannot retaliate against tenants for exercising their legal rights.

Steps You Should Take

1. Document Everything: Keep detailed records of communications with your landlord, photos of the infestation, receipts for expenses you’ve incurred, and notes on how the infestation has affected you and your children.
2. Follow Up with Homeline MN: Homeline MN provides free tenant advocacy services and can assist you in pursuing your rights. Continue working with them for guidance specific to Minnesota law.
3. Report the Infestation: Contact the Steele County Health Department or the Minnesota Department of Health. They can inspect the property and may require your landlord to take immediate action.
4. Send a Formal Written Notice: If you haven’t already, send your landlord a written demand for extermination, citing Minnesota tenant rights laws.

Can You Sue Your Landlord?

• Yes, You Likely Have Grounds: If your landlord refuses to address the infestation, you may have grounds to sue for breach of the warranty of habitability, negligence, or emotional and financial damages.
• Gather Evidence: Photos, receipts, and records of medical or mental health impacts will strengthen your case.
• Seek Legal Assistance: Contact legal aid services in Minnesota for help with filing a lawsuit. Homeline MN or the Southern Minnesota Regional Legal Services (SMRLS) can provide additional support.

Addressing Moving Concerns

• Prevent Spreading Bed Bugs: Before moving, treat your belongings to ensure they are pest-free. Wash and dry fabrics on high heat, vacuum thoroughly, and seal items in plastic bags.
• Negotiate Moving Terms: Request that your landlord covers pest control costs before you move to prevent spreading the infestation.

Amber, your landlord’s refusal to address the bed bug infestation is not only frustrating but likely violates Minnesota tenant laws. By documenting your case, involving local authorities, and seeking legal support, you can protect your rights and hold your landlord accountable. Let us know if you have additional questions or updates—we’re here to help!
Best regards,

Jeff,
Editor and Publisher
Bed Bugs Handbook