Legal Question in Landlord & Tenant Law in Massachusetts
I moved into a new apartment on Friday October 1st, I woke up the next morning covered in bites. I thought they were spider or mosquito bites. The next morning, I woke up with SEVERAL more. I have a seven month old son, so I decided to go to urgent care to have the bites identified; turns out they're bed bug bites. Of course i lost my mind, called the lanlord, and he had an exterminator there the next day. I returned to my pesticide drenched apartment (now nervous that the pestisides would harm my son). The next morning, I realized i was still being bit. THe tenants next door also informed me that the people who live in my apartment previously had been bit for 2 years by "unidentified bugs". And had treated for what they thought were fleas severeal times.
I packed up everything (after having JUST unpacked it all, and put it in storage). I threw away my furniture, matress and boxspring even though i was told it was not necessary, i was not willing to take any chances. I am going to stay with family until i can find another apartment, but i am TERRIFIED i will infest theyre house as well. I have taken every precaution possible (washed ALL linens in hot water and dried them, threw away items i dont need)
I hadnt gotten around to meeting with my lanlord to sign the lease (thank God!) So i called and informed him that i would be leaving (he told me he was going to suggest that anyways), and that i expected my first, last and security back considering i had only slept there 2 night. I also asked to be reimbursed for the hotel i paid for, and the six hundred dollars in laundry and dry cleaning I spent. He refused, told me i was crazy. He eventually, after a long heated argument and many phone calls, agreed to return the first, last and security. But refuses to reimburse me for anything else.
Do I have any legal recourse here??
I would like to be reimbursed for all laundry expenses, and the hotel mainly... but if he continues to be difficult i will demand repayment for the bed, furniture, shoes and clothing as well. Not to mention i had to take a week off of work because my babysitter would not come to my bug infested house to watch my son.
I am traumatised, I can no longer sleep. My body is scarred. And I am virtually homeless. This nightmare is never ending... Please help.
1 Answer from Attorneys
Unfortunately no. You never signed the lease with its terms and conditions that are enforceable in this state. It�s as if you are a guest at someone�s home. Not what you want to hear but unless you�re willing to spend $20,000 dollars to go the distance with a civil suit, which can really get messy, my suggestion is leave and don�t look back. Learn from your mistake, ALAWYS sign the lease first and read the ENTIRE contents of the document to assure you are protected. I wish I could give you better news. I am sorry.
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