Petra Valoma, Samuel Bromell, Chad Kistler, and Audrey Hailes were roommates who rented an apartment in a building owned by Bedford Ave. Partners LLC, and managed by G-Way Management, LLC. The roommates moved in on February 1, 2012, but vacated the

Question

premises on March 13, 2012, before their lease expired as they were chased out by bedbugs. The landlord brought an action to collect rent for the time that the four lived in the apartment and the four counterclaimed for the following: Security deposit + 2 month's rent = $8,550.00/4 claimants = $2,137.50 Kistler and Hailes also made claims for "loss of property," property they had to throw away because of bedbug infestation. They notified G-Way several times during that month of occupation that they took turns sleeping in the apartment at night to see whether the bedbugs were exterminated, but after they were each bitten, they gave up and fled the infested apartment. Could they be released from their lease and are they entitled to damages?

Answer 1

As for claimants' demand for the recovery of rent for the months of March and April 2012, the court is mindful that although they did not have full use and enjoyment of the apartment for those months, they maintained possession of the premises. Since claimants were deprived of full use and enjoyment of the premises, an abatement of rent for the two months is appropriate. The court is also mindful that while the extermination was not successful, defendant was fairly prompt in its response by getting an exterminator within five days of the initial complaint, with follow-up visits, and a change of exterminator when the problem was not improved. Unfortunately, it is not unusual that the bedbugs are not eradicated after a few attempts. Taking all these factors into account, an abatement of 50% per month for the two months is awarded. The court awarded $100 to each for personal property loss - it would have awarded more if they had submitted proof of the value of the items lost.
It was constructive eviction and a breach of the warranty of habitability, but the court was willing to give the landlord some time to fix the property - hence there was not a full refund.