Can I file a personal injury claim against landlord for mental distress? Have been waiting 3+months for attempts at bat remova

Asked over 1 year ago - Kiel, WI

have had 15 bats make their way to living area. they're in attic, basement, ductwork, walls, floors..I can't sleep, I have a child in the home, missed work due to lack of sleep and getting sick due to lack of sleep. I'm completely paranoid afraid to pick things up, shower, go in closet and basement. Bats are protected in wi n it's winter so companies aren't allowed to exclude them until spring, so they hibernate in homes, but when weather warms up, they move around in the walls. One was in my washbasket (dead) and they are two more on stickytraps dead in my closet that the landlord found but didn't remove! the guy he hired to get rid of them has a very long list of things done wrong or plain not done. he began exclusion in sept. now my landlord says his hands are tied and i have to wait

Additional information

Landlord says he's done all he can and i have to wait until spring. no guarantee that this guy will do the job right then. they have gotten in the house before, so they still can get in. I don't have money to move, don't want to move, health dept lady suggested a "self-eviction"want back rent, moving expenses, the countless nights spent at friends homes, my son crying and being up all night, or being woken up in the middle of the night to be taken to a safe place. I don't know what direction to go for this? i have video and pics of the bats, along with txt msgs, report to wi dnr, etc. Also, bat guy used sticky traps and a fogger on the bats, both of which are illegal in wi. he now says he used sticky traps for mice and fogger for insects, but that's not what he told us before.

Attorney answers (3)

  1. Michael Ryan Juarez

    Contributor Level 16

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    Answered . I agree, report this to your local news to try and get the ball rolling. It also sound like your landlord had breached the duty of habitability. Which requires LL to keep the residences they rent in a habitable condition. If he fails to live up to his duty you may be able to deduct a percentage of your rent since you didn't get everything you bargained for. Your have to consult with an attorney thought, these claims can be complicated.

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more
  2. Carmine John Giardino

    Contributor Level 14

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    Answered . Call your local news station

    If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Sounds batty. Call a local reporter.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

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