We’ve all heard of lawsuits filed by tenants for bed bugs and cockroach infestations, but these are not the only insects that can make a place uninhabitable. Ants, for example, can contaminate your food and cause damage to your electrical wires and insulation.
But what about spiders, which are not known to cause significant property damage? Can you sue your landlord for a spider infestation? In California, landlords have a duty to ensure that their tenants are living in a clean and safe property, free from hazards like bug infestations. This obligation, known as a warranty of liability, exists even if your lease does not specifically state that the landlord is responsible for taking care of spider infestations in your apartment or rental home.
If you are suffering bodily harm and emotional distress from spiders in your apartment, contact the tenant rights lawyers of Normandie Law Firm. We can advise you of your rights and available legal actions during a free consultation.
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Can I Sue the Landlord if I keep Getting Bitten by Spiders in my Apartment?
California law requires that landlords make rental properties “habitable” for their tenants. This can mean a variety of things, like making repairs and complying with building codes. The apartment must also be free of insect infestations, which would make the property uninhabitable.
If your apartment was infested with spiders before you moved in, you would have a right to cancel the lease and demand a refund of your security deposit, down payment, etc. Alternatively, you can request that your landlord take care of the spider infestation prior to you moving in.
What happens if I keep getting bitten by spiders after I moved into my apartment?
In that case, your landlord is obligated to contact pest control and provide a remedy to the problem in a timely manner. What constitutes a reasonable amount of time to resolve an insect infestation varies from case to case, considering that some infestations are more serious than others. Your landlord must also take care of any damage to your belongings and the apartment itself, which is particularly relevant in cases of bed bugs, termites, and ant infestations.
With spiders, bodily harm and psychological damage are the bigger issues. To sue your landlord for injuries from a spider infestation, you must prove that:
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You gave the landlord constructive notice of the infestation (it’s best to do this through a formal notice in writing).
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Despite the notification, your landlord failed to remedy the pest issues that have made your apartment uninhabitable.
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Due to the landlord’s negligence, you suffered injuries (physical and mental) and/or property damage.
Physical Injuries from a Spider Bite
Fortunately, most spiders are relatively harmless to humans, though there are certain varieties – black widows and brown recluse, for example – which can be deadly. However, all spiders have fangs and venom, and as a result, you may have the following symptoms from a spider bite:
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Pain
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Redness
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Swelling
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Blisters
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Nausea / vomiting
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Tremors / sweating from fever
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Abdominal cramping
These are mild symptoms, by the way, which are often mistaken for other illnesses. Bites from a dangerous spider can result in the following symptoms:
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Fever, chills, and body aches
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Pain that gets worse over a period of several hours
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Open sore (ulcer) around the bite area
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The wound turns dark blue or purple with a reddish ring around it
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Spreading redness or red streaks around the bite wound
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Difficulty swallowing or breathing
These are very serious conditions, so please seek medical attention immediately. Once you’ve been treated by a doctor, call us to learn about your rights and legal options, including the right to file a bug infestation lawsuit against your landlord.
The Emotional Impact of a Spider Infestation in Your Home
Not all spider bites cause serious health issues, and as a result, you may not have any physical injuries. However, an infestation is not the same as being bitten by a spider every now and then. A spider infestation can result in anxiety and sleep disorders, as you are always anticipating the possibility of a spider bite. It can make it difficult for you to stay in your apartment, as you can never relax and feel comfortable. The emotional distress from a bug infestation is a compensable injury, just like pain, swelling, and blisters.
Many victims would agree that the psychological injury from constant spider bites in their home is worse than the physical injuries. The terror you feel on a day to day basis may force you to move out or find a hotel to stay in until the problem is fully resolved.
Compensation from a Spider Infestation Lawsuit against Your Landlord
If you are eligible for a tenant rights violation claim against your landlord, you can request compensation for the damages you’ve suffered. Possible damages from a spider infestation in apartment lawsuit include:
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Reimbursement for medical expenses
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Future medical costs if you have long-term / permanent health issues
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Lost wages if you needed time off of work due to your injuries
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Cost of staying at a hotel and/or moving to another apartment
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Pain and suffering
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Mental anguish
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Property damage
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Cost of legal fees
Statute of Limitations to Sue Your Landlord
The time limit to file a lawsuit against your landlord depends on whether you have a written agreement with them. With a lease, for example, you would have a breach of written contract claim, which has a 4-year statute of limitations. If no such agreement exists between you and the landlord, it’s considered a violation of an oral contract, which has a 2-year statute of limitations. Whether you have two years or 4 years to sue your landlord, you should take action on your case as soon as possible. This is the best way to recover your monetary losses and move forward from the emotional trauma of a spider infestation.
Contact us right away so that a lawyer with experience in spider infestation cases can help you initiate the legal process.
Do I Need an Attorney to Sue my Landlord?
Though you do not need a lawyer to sue your landlord, legal representation is highly recommended. Disputes between landlords are tenants are complicated, and there are laws that protect both parties in these situations. Fortunately, California laws are generally more favorable to the tenant, so legal options are available to you if your landlord refuses to rectify a spider infestation in your apartment.
However, understanding the laws and how they apply to your situation is the hard part with these cases. There is a lot of room for mistakes, which can cost you the right to seek monetary compensation from your landlord. It’s also worth noting that your landlord is likely to hire an attorney to represent their interests. Without your own legal advocate, it will be very difficult to succeed in a lawsuit for a bug infestation in your apartment.
Second Opinion on Existing Pest Infestation Lawsuits
The lawyers of Normandie can provide you with a second opinion on your case if you are suing your landlord for failure to provide you with acceptable living conditions. Do you feel like your case has dragged on for too long? Are you worried about your attorney’s lack of communication or dedication to your case? Regardless of what you are experiencing, we are here to help, with our many years of experience in landlord / tenant disputes.
It’s possible that you may decide to change lawyers after meeting with us for a free second opinion. But there’s no pressure to do so, and you will not be charged for the consultation if you choose to stay with your current law firm. If you would like schedule a free second opinion with a landlord tenant attorney, please give us a call.
No Cost Legal Services for Tenants
No one should have to live with a bug infestation in their apartment. Aside from injuries to your body, failure by your landlord to exterminate the property can leave you with emotional trauma that you may have to deal for the rest of your life.
Our law firm is dedicated to the pursuit of justice for tenants and their loved ones, which is why we provide a Zero Fee Guarantee on all tenants’ rights cases. In essence, you pay nothing upfront if you decide to pursue a compensation claim with help from an apartment bug infestation lawyer. Our expenses are deferred until we reach a settlement or verdict on your behalf. And if we don’t secure the payment you deserve, you owe us $0 in legal fees.
If you’re interested in discussing your legal options with one of our legal experts, contact Normandie Law Firm and schedule a free case review.
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