If you signed a lease to rent a house, and three weeks after you moved in, you discovered a huge colony of bats living in the attic and since moving you have also had a slew of unexplained medical problems.

What would you do if the landlord refused to fix the problem?

Have you contacted the local Health Department about the bats? They could possibly be rabies carriers. The Health Department needs to be notified about the bat colony and take the appropriate actions.

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Originally Posted by twinkiedooter

Have you contacted the local Health Department about the bats? They could possibly be rabies carriers. The Health Department needs to be notified about the bat colony and take the appropriate actions.

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The Health Department says it is a civil matter between the tenant and the landlord. They will take no action whatsoever.

If you signed a lease to rent a house, and three weeks after you moved in, you discovered a huge colony of bats living in the attic and since moving you have also had a slew of unexplained medical problems.

What would you do if the landlord refused to fix the problem?

You need to look into what your local or state law has to say about withholding the rent until the landlord fixes something in the apartment and properly notify the landlord in writing about the bats need to be removed.

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Originally Posted by twinkiedooter

You need to look into what your local or state law has to say about withholding the rent until the landlord fixes something in the apartment and properly notify the landlord in writing about the bats need to be removed.

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The law here says that you are allowed to withhold the rent until the problem is fixed. However, the landlord refuses to fix the problem and would rather you move instead of making the repairs. They said you would not get your security deposit back if you decided to move.

Would you stay living in the house, and risk life or limb, until the landlord did something about the bats, or would you vacate the premesis and commence a lawsuit?

I'd like to hear more about your "slew of unexplained medical problems." Have you been to a doctor? What problems are you having? Can you prove that they are related to the condition of the premises?

I can't address the legal question here regarding the landlord's obligation to fix the issue, but I do want to question you assertion that you are risking "life and limb" if there are bats in the attic. Would you be just as concerned if the problem was, say, squirrels in the attic? In my humble opinion this is NOT a health issue for you, but rather "just" a nuisance. I suggest you call the animal control department to see if they have suggestions on how to proceed.

Animal control also said it was a civil matter between the landlord and tenant and refused to get involved.

The tenants went to the emergency room, and were told they were both suffering from a lung infection consistent with bat guano exposure. They were informed by the emergency room physician that they could not return to the premises, as they would be risking life or limb based on the clinical presentation in the emergency room that day. One of the tenants had asthma prior to living there, however, she was symptom free and now the other tenant has been diagnosed with asthma also. The tenant who had asthma prior to living there relapsed just 2 days after moving in. They were treated for staph infection, unexplained rashes, and since that time each has had either bronchitis, upper respiratory infections, pneumonia, pleurisy, sinusitis, tonsillitis, and the list goes on…..

Bats are the number one carriers of rabies in the United States. Rabies is almost ALWAYS fatal to humans. Most people bitten by bats are unaware that they have even been bitten. Besides the fact that bats carry with them, fleas, ticks, lice and mites, and their guano causes histoplasmosis.

With this knowledge, would you stay and risk life or limb, or would you vacate the premises?

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Originally Posted by boattown

The law here says that you are allowed to withhold the rent until the problem is fixed. However, the landlord refuses to fix the problem and would rather you move instead of making the repairs. They said you would not get your security deposit back if you decided to move.

Would you stay living in the house, and risk life or limb, until the landlord did something about the bats, or would you vacate the premesis and commence a lawsuit?

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Hello boat:

The FIRST thing you should do, is find out what your rights are. I'd NEVER ask my landlord what they are. You can read about them right here at the top of the real estate page on a sticky note. We have ALL the states laws...

You quoted the law above, but I wonder where got that. Where ever it was, go back there and I'm sure you'll find out that you're entitled to "self help" when the landlord refuses to fix the problem. That means that you'll be able to use RENT money to fix the problem and then deduct it.

These actions, as you'll see, have NOTHING to do with whether you'll get your security deposit back.

So, instead of choosing door number 1 or 2 as you've laid out, I choose door number 3.

excon

If the situation is this severe, and if you can prove that you have notified the landlord and they refused to do anything, then you have 2 options:

1) You send a letter to the landlord giving them 3 days to have the bats removed and the attic cleaned up. Inform the landlord that if they fail to do so within those 3 days then you will have it done and the costs will be deducted from future rent payments.

OR

2) You send a letter to the landlord giving them 3 days to have the bats removed and the attic cleaned up. Inform the landlord that if they fail to do so within those 3 days then you will have no choice but to move out, citing constructive eviction.

Very interesting. I'm starting to think that the "tenant" is a severe hypochondriac. Here's a link to histoplasmosis:
Histoplasmosis
If you have actual proof that the bats are causing these conditions, then you need to contact the State because the premises are unliveable. How long have the "tenants" been living with bats?

Thank you all for your advice.

Well, the entire attic and ceilings need to be replaced. The cost for repair is thought to be in the mid 20 thousand dollar area, and he said the repairs and bio-hazard clean up would take months. The tenants don‘t have the means to put out that kind of money for a “rental unit.”

Therefore, could this be construed as constructive eviction?

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Originally Posted by boattown

Thank you all for your advice.

Well, the entire attic and ceilings need to be replaced. The cost for repair is thought to be in the mid 20 thousand dollar area, and he said the repairs and bio-hazard clean up would take months. The tenants don‘t have the means to put out that kind of money for a “rental unit.”

Therefore, could this be construed as constructive eviction?

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I'm even more confused now. Who made this determination that the attic & ceilings need replacement? Did the tenants have someone inspect the house? I highly doubt the landlord did, seeing as you said they refuse to do anything about the bats in the first place.

Also, ceiling replacement doesn't fall under tenant responsibility. The tenant has an obligation to repair damage they caused, excluding normal wear and tear. Why does the tenant feel this is their responsibility?

If you have proof that the property is uninhabitable and the landlord refuses to remediate then it is constructive eviction.

But you need good proof. Statement from a doctor that bat droppings are causing significant health problems, statement from the town's Board of Health that the property is uninhabitable, pictures, videos, etc.

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Originally Posted by boattown

Therefore, could this be construed as constructive eviction?

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Hello again, boat:

You betcha! Write the letter exactly like Lisa said. Demand that the unused rent plus your deposit be returned immediately. Send it certified, return receipt requested...

Because the problem was SOOOO bad, you may very well have grounds for a suit against your landlord. I'd visit a lawyer TODAY. If not, the visit won't cost anything.

excon

Spidey senses tingling - anyone else aware that Colleges are on break right now?

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Originally Posted by excon

Hello again, boat:

You betcha! Write the letter exactly like Lisa said. Demand that the unused rent plus your deposit be returned immediately. Send it certified, return receipt requested....

Because the problem was SOOOO bad, you may very well have grounds for a suit against your landlord. I'd visit a lawyer TODAY. If not, the visit won't cost anything.

excon

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The unit was a rental with the option to buy. The tenants had a contractor come through and they estimated the damage and cost for repairs to be around 20 thousand. The tenants had no desire to pay for the repairs, nor buy the house after discovering the bats.

The tenants have documentation that their illnesses were “consistent” with what would be expected from bat guano exposure. Whether this proves their illnesses were caused as a result, I don’t know.

Again, thank you for taking the time to reply.

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Originally Posted by boattown

The unit was a rental with the option to buy. The tenants had a contractor come through and they estimated the damage and cost for repairs to be around 20 thousand. The tenants had no desire to pay for the repairs, nor buy the house after discovering the bats.

The tenants have documentation that their illnesses were “consistent” with what would be expected from bat guano exposure. Whether or not this proves their illnesses were caused as a result, I don’t know.

Again, thank you for taking the time to reply.

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Why did they sign a contract prior to inspecting the property? That's the most foolish thing I've ever heard of.

Also, your laundry list of health issues looks like you typed in "respiratory problems" into Google and compiled whatever came up.

This story is getting less and less believable.

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Originally Posted by this8384

Also, your laundry list of health issues looks like you typed in "respiratory problems" into Google and compiled whatever came up.

This story is getting less and less believable.

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Please, don’t push your neurosis off on me. I just asked a question.