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Should have gotten it in writing.

In the future, maye ew tenants should write in something about bedbugs, roaches and other infestations and have management sign and/or initial that they certify that this problem has been either addressed or is taken care of with a monthly exterminator. I don't think they can certify that there are no bedbugs or roaches, I'm not sure if that's what you're asking for. Good luck.

This really needs to be the kind of government mandated thing that the whole lead paint thing is. And the window guard thing. In fact, they should probably make one new form that includes them all on it somehow.

I don't really understand. If the problem has been fully taken care of, then how is the management being bad? Maybe asking if they've ever had an infestation is not a fair question?

Or is the problem that once you have an infestation, there's a higher probability that the bugs will come back? If that's the case, then I can see why one would want some reassurances that there has never been an infestation. But otherwise? Or is it that you want to be sure chemicals haven't been used in the place? Please explain.

Well, I'm not an attorney in New York, and I'm not giving you "legal advice"... but it appears the landlord mislead you as to a material aspect* of your lease. As such, you may have a cause of action against them-obviously requiring you to hire a NY attorney or perhaps contacting your local Attorney General to see if they have violated any consumer protection laws.

At the very least, you most likely have a counter-claim if your landlord chose to sue you if you, say, moved out without paying rent. Again, though, you should talk to a licensed practitioner of the law in New York, and that could get expensive.

* In my opinion, the presence (and RECURRENCE) of bed bugs are clearly a material defect in the apartment which should be disclosed. The landlord's denial of their presence itself indicates that this is a material problem.

Check the discussion forum at tenant.net. I'm pretty sure landlords are required to pay for exterminators under the warranty of habitability, so an inspection seems like a good idea.

koos, Anne has not said that there are any bedbugs present. So there's no evidence that they have failed to disclose a material defect. Maybe the previous tenants could have told her if there were any bedbugs left after the round of extermination, and she could have included that info in her question.

Sea, as far as bedbugs go, they're almost impossible to get rid of. So if they were acting in good faith they should have said there was a recent infestation but that it was under control, or whatever the status was. Because there's a very good chance--especially if the whole building is infested--that the bbs will return. And people should be able to make an informed decision based on all the information. In my mind that's definitely a failure to disclose, because bedbugs aren't like leaks or plumbing problems (easily fixable); the way we and the law think about these suckers really has to change.

Thanks, Valerie. I guess it didn't seem like a large infestation from the description, since only one of four roommates had had the bedbugs. But it's good to know these are such wily creatures, even after several rounds of extermination. I wasn't sure it was so.... -- maybe because of wishful thinking? :)

Have you approached the management company to get out of your lease? If you can do it in email, that'd be better (record of the conversation). However, just because something was oral and not in writing does not mean they get off. You detrimentally relied upon an assurance of theirs, and you have cause now to break the contract.

I think previous comments make sense. If Anne hasnt taken possession of the apartment why doesnt she try to back out? It shouldnt unduly put the company out and she should get the deposit back. She can tell them they lied and an infestation goes against the warraty of habitability.

I also think previous comments make sense.

If a professional inspection would assure you enough to move in, approach management and take that route.

If you plan to back out of moving in, definitely verify the local laws first.

And for the future... next time, don't ask if the management company has ever called out an exterminator. Ask who they use and what happened on the last couple visits. You're much more likely to get a truthful answer with an open-ended question.

(And you don't want to hear that they've never used anyone. Cities have vermin. Good management has a program for keeping vermin out of your apartment.)