Good morning.
I am currently in a dispute with my landlord over the issue of bedbugs and repairs.
Background: I first moved into the building three years ago. This past January, after repeated requests to have a fire escaped installed from my fourth floor apt, including one AFTER an incident, which had it been an actual fire, I wouldn't be here, the property mgr "measured the depth of my bathroom window for a fire escape" in April after the event, I was compelled to file a complaint with my city's building code dept. This necessitated my being moved into another unit in March, which itself needed repair - torn screen and a cracked window, and I needed a mailbox key. I informed the property mgrs. of these repairs and was greeted with "those are new windows" and it never went farther. In May, I discovered bedbugs. I informed them of their presence, and was met with a resounding silence. In June, I withheld rent to compel action, which of course, led to court. July, a stip was signed between myself, the property mgr and their lawyer that the following was to be done by the end of July, or I would withhold my rent:
mailbox key - it took five months and going to court to get my mailbox key
repair the torn screen
replace the window
eradicate the now entrenched bedbugs
secure the fire escape's railing
August has now rolled around, and I informed them on Aug 2 in writing, that I was withholding the rent per the verbal agreement for failing to follow the stip.
On Aug 11, the window and the screen were removed for repair, and ignoring my written request for a professional exterminator, the property mgr "sprayed". I should note, that the property mgr denied that other tenants complained about bedbugs. This is false. He tells me, the chemical is water based, which I come to find out has a one week residual life. Aug 14, I was bitten more than prior to the spraying, and I received a three-day notice to quit for "non-payment" apparently, they went to the courts to collect the withheld rent - I was informed the courts were to hold it, but I did not hand the moneys over due to exactly what they attempted to do: collect without fulfilling the stip - repairs have not been completed, and I am still being bitten - check the time of posting - I have just finished "collecting" the night's quota of bedbugs.
The property mgrs do nothing regarding repairs unless compelled to by the courts. There is no monthly spraying for insects such as roaches, ants or bedbugs.
What are my legal options? I can't live here anymore due to the infestation, and I am wondering if after I file for a stay, if I can file a constructive eviction or if I have other options, since they tired an end run around the stip. and served me Aug 14 with a three-day notice. I have tried to contact a lawyer, but apparently, he isn't interested in just representing me as he has not returned my phone calls since I first called.
the attached are images of my left forearm and up right that were taken at the time of writing. The top of my left forearm is somewhat numb from all the bites.
Thank you
I am currently in a dispute with my landlord over the issue of bedbugs and repairs.
Background: I first moved into the building three years ago. This past January, after repeated requests to have a fire escaped installed from my fourth floor apt, including one AFTER an incident, which had it been an actual fire, I wouldn't be here, the property mgr "measured the depth of my bathroom window for a fire escape" in April after the event, I was compelled to file a complaint with my city's building code dept. This necessitated my being moved into another unit in March, which itself needed repair - torn screen and a cracked window, and I needed a mailbox key. I informed the property mgrs. of these repairs and was greeted with "those are new windows" and it never went farther. In May, I discovered bedbugs. I informed them of their presence, and was met with a resounding silence. In June, I withheld rent to compel action, which of course, led to court. July, a stip was signed between myself, the property mgr and their lawyer that the following was to be done by the end of July, or I would withhold my rent:
mailbox key - it took five months and going to court to get my mailbox key
repair the torn screen
replace the window
eradicate the now entrenched bedbugs
secure the fire escape's railing
August has now rolled around, and I informed them on Aug 2 in writing, that I was withholding the rent per the verbal agreement for failing to follow the stip.
On Aug 11, the window and the screen were removed for repair, and ignoring my written request for a professional exterminator, the property mgr "sprayed". I should note, that the property mgr denied that other tenants complained about bedbugs. This is false. He tells me, the chemical is water based, which I come to find out has a one week residual life. Aug 14, I was bitten more than prior to the spraying, and I received a three-day notice to quit for "non-payment" apparently, they went to the courts to collect the withheld rent - I was informed the courts were to hold it, but I did not hand the moneys over due to exactly what they attempted to do: collect without fulfilling the stip - repairs have not been completed, and I am still being bitten - check the time of posting - I have just finished "collecting" the night's quota of bedbugs.
The property mgrs do nothing regarding repairs unless compelled to by the courts. There is no monthly spraying for insects such as roaches, ants or bedbugs.
What are my legal options? I can't live here anymore due to the infestation, and I am wondering if after I file for a stay, if I can file a constructive eviction or if I have other options, since they tired an end run around the stip. and served me Aug 14 with a three-day notice. I have tried to contact a lawyer, but apparently, he isn't interested in just representing me as he has not returned my phone calls since I first called.
the attached are images of my left forearm and up right that were taken at the time of writing. The top of my left forearm is somewhat numb from all the bites.
Thank you
