In Florida, the issue of bedbug infestations is addressed under the state’s landlord-tenant laws. Specifically, Chapter 83 of the Florida Statutes addresses bed bugs. These laws also outline other responsibilities of landlords and tenants, including maintaining habitable living conditions. Addressing pest infestations, such as bed bugs, follows under these responsibilities.
Under Florida Statute 83.51, landlords have an obligation to maintain their rental properties in compliance with applicable building, housing, and health codes. This includes ensuring that the premises are free from pests, such as bedbugs. Specifically, landlords must do the following:
- Exterminate pests, including bedbugs, unless otherwise agreed upon in writing
- Provide tenants with a clean and safe living environment
If an extermination requires tenants to vacate the premises temporarily, landlords must also provide at least seven days written notice. However, landlords are not liable for any damages incurred during this period. Instead, they must abate the rent for the duration of the tenant’s absence.
Tenants have the right to notify their landlord of any bedbug infestation, as well as request remediation from the landlord. Then, if the landlord fails to address the issue within seven days of receiving written notice, tenants may have the right to terminate their lease agreement under Florida Statute 83.56.
It is important to note that tenants should be aware that pursuing this route may lead to disputes over the return of their security deposit and prepaid rent. In cases where bedbug infestations result in personal injuries or property damage, tenants may also have grounds for a personal injury claim against the landlord or property manager. This is particularly true if the infestation leads to allergic reactions or other health issues.
Although Florida law provides a framework for addressing bedbug issues, tenants and landlords are encouraged to work collaboratively in order to resolve infestations promptly. It is recommended for tenants with a bedbug infestation to document all communications with their landlord and any evidence of the infestation. Such documentation may be needed in order to support bed bug lawsuits, should legal action become necessary.
Can I Sue My Landlord for Bed Bugs?
As mentioned above, you may have legal grounds to sue your landlord for bed bug infestations in Florida under certain circumstances. Once again, Florida law requires landlords to provide habitable living conditions, which includes addressing pest infestations like bed bugs.
As such, if your landlord fails to fulfill their obligation, you may have legal grounds to take action against them. Examples of legal grounds for a lawsuit regarding bed bugs include:
- Breach of Habitability: Florida Statute 83.51 mandates landlords to maintain rental properties in a condition that complies with health and safety codes
- This means that landlords must timely address a bed bug infestation after being properly notified. Failure to do so could be considered a breach of their duty
- Personal Injury Claims: If the infestation results in physical harm, such as an allergic reaction or infections from bites, then tenants may file a personal injury claim against their landlord
- It is important to note that psychological distress, such as anxiety or insomnia may also be grounds to sue
- Property Damage: Tenants may also seek compensation for any property damage resulting from bed bugs, such as infested furniture or clothing
Can a Hotel Be Liable for Bed Bug Bite Injuries?
Similar to landlords, hotels in Florida can also be held liable for bed bug bite injuries under certain circumstances. Florida law imposes a similar duty of care on hotels to provide safe and habitable accommodations for their guests.
As such, if a hotel fails to meet this obligation, they may be considered negligent and held responsible for any resulting injuries. In order to prove that a hotel is liable for bed bug injuries, the plaintiff (i.e. the person alleging they were injured) must meet the following elements:
- Negligence: Hotels are required to inspect and maintain their premises to ensure they are free from hazards, including bed bug infestations, and if a hotel fails to conduct proper inspections or address known infestations, it may be deemed negligent
- Breach of Warranty of Habitability: Hotels must also provide accommodations that are fit for human occupancy, and a bed bug infestation could be considered a breach of this warranty
- Failure to Warn: If a hotel is aware of a bed bug problem, but fails to inform their guests, it may be held liable for injuries caused by the infestation
It is recommended to take the following steps if you are bitten by bed bugs in a hotel:
- Document the Infestation: First, you should take photos or videos of the bed bugs and any bites
- Notify Hotel Management: Next, you should report the issue immediately and request a written incident report
- Seek Medical Attention: Next, you need to obtain treatment and keep records of medical expenses
- Consult an Attorney: It is recommended to visit with a personal injury lawyer experienced in bed bug cases, as they can help evaluate your claim and guide you through the legal process
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What Should I Do if I Discover Bed Bugs?
The following is a guide on steps that you should take if you discover a bed bug infestation:
- Notify the Landlord: First, you should provide written notice of the infestation and request remediation, making sure to keep copies of all communications
- Document the Infestation: Next, it is recommended to take photos and videos and keep records of any medical treatments or expenses related to the infestation
- Consult an Attorney: Finally, it is recommended to set up a lawyer consultation with a Florida lawyer who practices landlord tenant law, as they can help evaluate your case and guide you through the legal process
If the landlord fails to address your bed bug issues within a reasonable timeframe, you may have the right to terminate your lease or seek financial compensation for damages related to the infestation.
What Damages Can I Recover From a Bed Bug Bite Injury Lawsuit?
When it comes to the types of compensation that victims of bed bug bites may seek, the following are common damages:
- Medical expenses related to treatment of bites or allergic reactions
- Emotional distress, such as anxiety or insomnia caused by the infestation
- Property damage, including the cost of replacing infested belongings
In Florida, victims may also be entitled to punitive damages if the responsible party’s conduct was particularly reckless or negligent. For example, hotels or landlords who knowingly allow bed bug infestations to persist without warning guests or tenants may face additional liability, including punitive damages that are meant to punish them for continued wrongdoing.
Should I Consult an Attorney About a Bed Bug Bite Injury Case?
If you have suffered injuries due to a bed bug infestation in Florida, it is recommended to consult an experienced Florida personal injury attorney who handles premises liability cases or landlord tenant law. LegalMatch can assist you in connecting with a qualified and local attorney.
During your initial consultation, the attorney will be able to review the details of your situation, help you assess the legal steps required to pursue your claim, and advise you on the most effective course of legal action.
The lawyer will be able to evaluate the extent of your injuries and property damage, help you gather evidence such as photographs, medical records, or other evidence needed to prove negligence. They can also assist you in addressing any legal challenges that may arise during the process.
An experienced attorney will be able to ensure that your claim complies with Florida’s premises liability laws, including filing the necessary documentation, meeting all court deadlines, and preparing for trial if required. Finally, an attorney will also be able to represent you during negotiations or at any in person court proceeding.
Jose Rivera
Managing Editor
Editor
Last Updated: Apr 3, 2025
