What can a tenant do about a landlord’s use of dangerous pest control chemicals?
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What can a tenant do about a landlord’s use of dangerous pest control chemicals?
I live in an apartment community that has recently been sold. Our new owners are making chemical pest control mandatory. They sprayed 3 months ago and I suffered a miscarriage shortly thereafter. The information I’ve gathered urges women in early pregnancy to avoid all types of bug sprays. The type used in our apartment are growth inhibitors and attractants. Religiously I think that we are to care for all animals and deter from our homes not kill them or make them sterile. Any thoughts on how to keep the unwanted chemicals from being sprayed in my home?
Asked on April 27, 2011 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) With respect, forget about your religious beliefs; in this context, they do not matter. You can't make a landlord not take actions against pests because of your beliefs. This is not to slight or belittle your beliefs; however, they are not a factor here.
2) If the landlord is generally using unsafe/unapproved chemicals, or chemicals in an unsafe way, you may have a cause of action against them for both damages (i.e. compensation) and for an order preventing them from doing this again.
3) Similarly, if it was unsafe for the landlord to not provide a notice of possible dangers to pregnant women, it may be the case where even if the chemicals are otherwise safe, that you would have a cause of action against your landlord.
4) If you can show some particular susceptibility to a class of chemicals, it *may* be possible to require the landlord to use different methods.
If you believe that you suffered a miscarriage due to the spraying, etc., or are worried about future health consequences, you should consult with an attorney about this matter. Good luck.
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