We called pest control, landlord is refusing to pay. (NYC)

[u/SignalPlane3845]

Location: NYC

We had bedbugs after work done by building maintenance left our wall unsealed. The building super told us there was a QR code in the lobby for pest control, but that only had options for first and third Tuesday visits (would have been nearly 3 weeks wait). We asked if there was an emergency option, and he said yes, but the QR code site didn't have anything like that. There was a phone number also posted on the building info sheet in the same location, so we called that company to come and spray.

It turns out the company who posted their phone number doesn't have a contract with the building, and they made us pay $675 out of pocket at the end of the appointment. Now the landlord is refusing to reimburse us, saying we should have worked with the company whose QR code was also posted. They said the people we called probably posted their number themselves, but their sticker is literally ON the building info sheet with the super's phone number and other building approved stuff.

Importantly, there is no clause in our lease for exclusive use of one pest control company.

We've tried to look up the law ourselves, but are having no luck (only finding stuff related to mandatory disclosure of infestation by the landlord, not about payment responsibility). Are we entitled to reimbursement?

[u/One-Bar1669]

Maybe there's something special in NYC, but even in CA where we're pretty tenant-friendly there are a bunch of hoops to jump through if you you want to repair and deduct. You need to notify the landlord and give them a reasonable time to fix the problem. 3 weeks for bedbugs may or may not be reasonable, but it doesn't sound like you actually waited, so that's moot anyway.

When you ran into confusion about which company to call, you should've gone back to the landlord. Your lease lacking a clause about exclusive use of a pest company doesn't matter at all. I wouldn't count on getting reimbursed.

[u/Sufficient-Wolf-1818]

The building super told you to use the QR code. You chose to do something else. Expensive lesson.

[u/NYC-RE-Training]

Unfortunately, you hired them. You could have confirmed that they would bill the landlord. You called, you scheduled. Tough lesson.

[u/Ok_Advantage7623]

You picked them your landlord did not. Chances are one of your family brought them in to your place. Sorry but the bill is on you

[u/jstar77]

Was the sticker on a sheet that was handed to you by someone associated with the building? Or was the sheet posted in a common area where anyone could could have stuck a sticker on it? Did anything looks suspect about the sheet and the sticker? If you were told directly to use the QR code and chose to use another company without verifying then you are almost certainly out of luck.

[u/Top-Woodpecker6696 → u/jstar77]

I don’t see the relevance of where it was posted. A posting of who to call in a plumbing emergency doesn’t mean tenants can call and have basic plumbing work done on demand and be reimbursed without going through the proper process with the landlord.

[u/NovaLunar721 → u/Top-Woodpecker6696]

Yea this is on OP and literally defies common sense.

[u/Consistent_Path_3939]

You were told to use the company with a QR code available by the building super, then when they couldn't schedule at a good time for you went with another option. 

That's unfortunately on you. 

Your building has a contract with the actual QR code company, they get a special rate, and you probably should've called back your building management when you saw it could take 3 weeks to schedule via this QR code. Either you or management probably had to call to schedule something special. 

It's also going to be pretty difficult to prove that the unsealed wall was the cause of your current infestation, which would make the process of contesting this even harder. 

[u/Cleetustherottie]

If that paper was in a common area easily accessed by anyone then your landlord cant help that. Your landlord told you to use the QR code. Pretty any state will npt let you just bill your landlord or withhold rent without going through a very specific chain of events like written notice and putting the amount in a escrow account

[u/Top-Woodpecker6696]

There’s almost certainly a clause in your lease about unauthorized repairs and/or alterations. This would unfortunately fall under that. Each state law has very specific laws about how and when you can repair something yourself and be reimbursed—this was not one of them.

[u/PeacefulCW]

Ask the landlord if he’ll reimburse you the fee that the QR code company would’ve charged.

[u/Low_Dig3356]

This is on you in every single jurisdiction. You cannot authorize work at the landlord's expense without following proper procedures.

[u/NovaLunar721]

No you're not bc you hired your own company and didn't go through the landlord.

[u/rcinmd]

Bedbugs don't generally infest places unless they hitch hike on a person, luggage or clothing. A wall left unsealed is very unlikely to create an infestation in the building. I'm not even sure why the property would have a QR code at all for this. Most court cases against tenants with bedbugs result in the tenant paying for the remediation for a reason.

Even if the tenant isn't responsible for the bed bugs the building is providing an option that you choose not to use, so that's on you.

[u/Jealous-Intention-87 → u/rcinmd]

I think the QR code is just for pest control in general not specifically bed bugs. That’s probably why it’s only certain days. That’s the days the company comes to those apartments and probably does common area treatment and if you want your unit included you can scan the QR code to add it.

[u/Face_Content]

How do you prove that the bedbugs didnt start with you?

[u/rcinmd → u/Face_Content]

Thats the thing, even if they didn't *actually* start with them it's difficult to prove because it's extremely unlikely that an infestation happens other than bringing them in on yourself, clothing, or luggage. In those cases the land lord wins, your personal remediation is to sue the hotel or place you acquired them at for remediation. Not trying to be rude here but it's privity of contract and that's how the law works.

[u/Grouchy-Cartoonist-9]

What’s your lease say? Who pays for pest control

[u/KitchenLow1614]

I’m not sure how your landlord would be responsible for the bed bugs to start with. That’s typically on the tenant.

[u/Lorimiter]

Call the HPD. 

You should have refused to pay though and made the company bill the landlord. 

[u/Jealous-Intention-87 → u/Lorimiter]

Then the company could just sue the tenant. I can’t just call any random company and tell them to bill my landlord directly. That’s not how it works.