Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“I live in Arizona and have gotten bed bugs 4 times now from the people that live below me. Told management about it all 4 times they said they were making this family move because they keep bring things in from the dumpster area well they still live here. Reported the problem to the health department and they told me they spoke to management and management was going to have my apartment inspected for infestation. I asked the man at the health department if the inspection was going to be buy a licensed bed bug inspector and he said no just a licensed applicator. I said to him that Arizona has a law about bed bugs infestation and its supposed to be done by a licensed bed bug inspector and I was told they don’t go by that law they go by Maricopa County law. Question is who is going to pay for the beds, stuffed animals that are 19 to 20 years old that my daughter has had since birth, sheets, pillows, blankets, comforters that were only a few days old that had to be thrown out? I always that a state law was law but now being told this department only goes by what the county mandate is why have laws if your state agency doesn’t even abide by them? Thank you.”
“Who can I sue?” is always a question that invites creativity. Your neighbors? Well, they were the ones who presumably brought the bugs in, but what are your chances of collecting a judgment from them?
Your landlord? You would have to argue that they didn’t do something they were supposed to. I’m not sure what that would be; perhaps they didn’t address the problem with adequate speed, so it got worse? Also, suing your landlord is not generally a good way to have a happy long-term tenancy.
The health department? Probabaly not. It’s generally hard to sue a government agency-you would have to look at your local laws on that point to see if it’s even allowed. Plus, would your result have been any different if they had followed the state law instead of the county law?
