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

Kiel, WI |
Filed under: Personal injury

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

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. Best answer

    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.org Mike@jslaw.org This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions.


  2. 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 best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit http://www.sainjurylawyer.com or if you want more information about criminal defense, visit http://www.giardinolawfirm.com. Good luck!


  3. Sounds batty. Call a local reporter.

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

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