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Bed Bugs Situation Not Disclosed At Lease Sign

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Bed Bugs Situation Not Disclosed At Lease Sign

Postby GrainWheeler » Sat Jul 06, 2019 6:09 pm

On the day I (and bf) signed the lease, the landlord was very annoyed and gave me an attitude about me wanting to spend time reading the lease. In order not to annoy him further, I signed the list and every single page, he explained or at least went through a short summary of what each page means. Once we reached the bed bug history page, he just casually said that we try to be wary of bed bugs and to never buy used furniture. That's it. After we signed the papers, it was his turn to sign all the papers. Everything was going fine until the bed bugs page and he took a long while before he checked something on the paper. I didn't ask what he checked as I thought it was harmless. He did not explain anything about the checked mark either. Little did I know, 3 days after I signed the lease, I read the lease papers again and the check stated: "During the past year the building had a bedbug infestation history that has been the subject of eradication measures. The location of the infestation was on the X floor(s)." I feel absolutely blindsided on. Is there a case to be had?
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Re: Bed Bugs Situation Not Disclosed At Lease Sign

Postby TenantNet » Sat Jul 06, 2019 6:34 pm

Are you rent stab?
Have you seen any bed bugs? Have you done a thorough search?

Why blindsided? He admitted that the unit/floor has had a bed bug issue. That's disclosure.

A case? What would you want?
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Re: Bed Bugs Situation Not Disclosed At Lease Sign

Postby GrainWheeler » Sat Jul 06, 2019 6:40 pm

Yes it's rent stabilized. I've seen red marks that I thought was just the past tenant being dirty. He admitted it AFTER we signed the lease. He did not tell us that important info before we signed it. I don't want to reside in that apartment anymore after finding out it's been bedbug infested before. I want to break the lease even though it's only been 3 days.
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Re: Bed Bugs Situation Not Disclosed At Lease Sign

Postby TenantNet » Sat Jul 06, 2019 7:06 pm

AFAIK, there is no "lemon law" or 3-day grace period for residential leases, stabilized or not.

But the recent changes to the law now require LLs to mitigate their economic damages if a tenant leaves early. That means the LL must show he tried to re-rent the place at the same rent before he can come after you for the rent for the rest of the lease.

OTOH, you can also look at fraud. Did he commit fraud, or disclose? The timing might be important. That's above our pay grade and I would recommend you consult with a tenant attorney on this.
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