Day 2 Bed bug tour - continued - Jeff Lipman- Attorney
Feb 24, 2011, 15:45 PM
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Document your advice
PCO's are at risk of being named in a law suit. If your an apartment manager you will be named in the law suit.
Follow the action plan
- have the PCO provide requirements for treatment rediness
- make sure tenants are prepared for treatment
- have writted post treatment plan
Landlord or Motel Must Act
- warn guests of danger (Bed Bugs)
- evict tenants who interefere with Bed Bug eradication
- assist tenants who are mobility impared with preperation for treatment
Ongoing duty to inestigate
- bed bugs monitors
- periodic inspections as recomended by the PCO
Implied warranty of habitability
you are warranting you do not have bed bugs, the landlord must search for defects.
When Liability will arise - you must check for bed bugs!
Consumer fraud statute
Unfair deceptive acts & practices
rental units may not illeagle hazzards that endanger the occupants well-being or make the unit unfit for habitation. A landlord who rents an apart impliedly represents that it is in compliance with the applicapible health and safety codes.
UDAP statute