Can my Landlord do this?? BED BUGS!

By lisa

1/25/12 I submitted a 30 day written notice of termination of lease and vacancy of apartment. The notice stated termination and vacancy is in result of unfit living conditions and improper response time from Landlord. I have discovered bed bugs in my apartment and I immediately reported the pest. I begged for treatment and help from Landlord. I had to wait a week to have inspection. Inspection was VERY poor and immediately reported. Inspection lasted 5 min. Inspector said he saw nothing and told me to try to catch a bed bug and show him. I physically showed the bites on my son and myself, to inspector and the apartment maintenance man that accompanied the inspector. They said the bites are not enough to receive any pest control treatment. I called the Landlord and begged for action and said I can’t wait for more days or weeks with bites continuing hoping to catch the nocturnal bug. The landlord sent inspector back over and again they stayed a short period of time. They again said they found nothing. Told me to catch one and show them. I called landlord again after they left and asked photos to be taken of the bites on myself and son. The landlord was irritated to take the photos and dismissed me after they were taken. No action,treatment,help, or concern from landlord was given in response to the pests/bites and current poor living conditions- despite my multiple, desperate requests to the landlord.  I was able to catch a bug and bring it to the leasing office for the proof they are demanding to require for any response/action/treatment to take place. I was then given an unreasonable and unlivable preparation for treatment list. The list had to be completed before treatment would then be called and scheduled. The list given also stated the bugs will get worse before they get better. As well as it is likely to take 5 cycles of treatments. 1 treatment takes 21-28 days. As a mother it is irresponsible and neglecting my child’s safety, quality of life and well being by agreeing to that list/treatment to take place while myself and son are still occupying the unit. I live on the third floor. The adjacent units at the very least should be receiving the treatment and coordinated simultaneously along with mine. Neglecting to treat the surrounding units as well is not going to allow any treatment in only my unit to be successful at all. After receiving the preparation list and the amount of effort and proof that was required to be taken seriously is unsatisfactory resulting in the unfit living conditions. I turned in my 30 day written notice immediately. I am not going to allow my son to be subjected to the environment that the list given to me states bed bug treatments cause.  My termination notice I gave detailing the default of lease agreement, negligence of landlord concerning unsafe pests, and requiring I myself catch and provide physical proof of pests prior to treatment being scheduled was then responded with a verbal notice of 7 days to vacate due to my default of lease agreement, stating I am refusing treatment and preventing action to take place immediately. I said I have given my notice of 30 days and you are able to treat the unit after My son and I are gone. Corporate said so you are refusing treatment? As I stated before, we are vacating in 30 days. The preparation list states one treatment is 21-28 days, the bugs get worse before better as well as not treating the infestation in the adjacent units or entire building is allowing the pests to continue to subject myself as well as the other tenants and will not eliminate any of the pests. Treating my unit alone on the third floor in a 4 floor apartment building will only stir up the pests causing them to be worse for my unit is guaranteed, but also most likely worse for the surrounding units as well. If I gave written notice of default on landlords obligations to the lease agreement can they then turn around and default myself for refusing treatment on unit until we have vacated the unit with in the 30 days of my notice??? And be given 7 days to vacate if I refuse to allow treatment to begin before then. Knowing the results of treatment being highly detrimental effects and accomplishing zero to low success of any improvement. I should not of been required to find and show a bug myself, before treatment was available.  The 1st request of suspicion of their existence should of allowed availability of treatment. There were 4 verbal requests/pleas for help and treatment. All 4 denied with out physical proof. The photos taken in person in the leasing office by staff was not enough proof for treatment. Not until I produced an actual bug in person. Due to my own persistence and desperation was a bug actually produce in a short amount of time from being denied treatment. The possibility of many more days/weeks/months passing before I was able to physically catch and produce the pest in person was extremely likely and my biggest fear for my son and myself and our living environment. I have studied the lease agreement. It states that any and every thing must be in writing and or documented and is required to be submitted to be valid statements. Being that I was the first person to submit and hand deliver written notice of events and requests stating the default of landlord to lease agreement for denying treatment until a pest was hand delivered by tenant there was no treatment available nor offered and NOT AT ALL MANDATORY from landlord. Can I still be in default if lease agreement has already been defaulted by landlord and landlord already received written notification of termination due to default? Am I in default for refusing treatment to begin causing environment to worsen before we move? Or I am forced to vacate with in 7 days??? PLEASE HELLLLLPPPP!!!! LISA- LISA22183@YAHOO.COM

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