Can I make a claim or file a lawsuit against my landlord for not telling me about a bed bug problem?
Yes, most of the time you can file a lawsuit against a landlord for injuries sustained as a result of a bed bug infestation, but the better question is, under what circumstances will a victim of a bed bug infestation have a successful claim or lawsuit against a landlord or property owner? The answer to this question comes down to the actions taken by your landlord to either prevent or eliminate bedbugs.
The majority of the states across the country require the landlord to maintain their property in good repair and free from pests. For example, Florida law states that unless otherwise agreed in writing the landlord shall provide for the extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. A key factor is whether the landlord hired a properly trained exterminator to treat the property.
In some states, if the lease is silent on who is responsible for the treatment of bed bugs, then the responsibility defaults to the landlord. This is very common in some states, in particular Florida and New York. A limited number of states impose a duty upon the landlord to provide extermination services if more than one unit in the building has been infected with bed bugs.