QUESTION

How can I sue a landlord?

Asked on Jun 06th, 2012 on Landlord and Tenant Law - New York
More details to this question:
i have been living in a home that is rented. my family came in to contact with a bats being in our living area.we now have to start rabies shots and can i sue my lanlord for the medical bills and pain and suffering
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12 ANSWERS

Leonard A. Kaanta
The landlord is responsible for condition of the premises, you probalbly have a case.
Answered on Jun 15th, 2012 at 4:27 PM

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The short answer is yes. You can always sue, but whether you can recover depends upon the circumstances. If the bats are there as a result of the landlord's negligence there is a stronger argument that he is responsible for these expenses. You should contact an attorney to discuss your options.
Answered on Jun 15th, 2012 at 8:52 AM

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Criminal Defense Attorney serving Montrose, NY at Law Office of Jared Altman
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Only if he was at fault in causing your contact with the bar.
Answered on Jun 14th, 2012 at 11:23 AM

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Landlord and Tenant Law Attorney serving Avondale, AZ
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Maybe. The landlord is required to provide you with fit and habitable housing. The issue is whether the landlord knew about the problem with bats. If you notified the landlord in writing about a problem with bats and the landlord took no action, then the landlord may have some liability. If the landlord knew about a bat problem before your moved in (i.e., from a prior tenant and/or occupant) and took no action, then (again) the landlord may have some liability. The extent of your damages will depend on the extent of your injuries. Your question refers to rabies shots, but you did not make clear that anyone had been bitten. whatever your injuries, if you incurred injuries because of your landlord's intentional, reckless or negligent behavior, then you may be able to recover damages commensurate with your injuries.
Answered on Jun 13th, 2012 at 12:33 PM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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Yes however he would have to have been negligent some way for you to win.
Answered on Jun 13th, 2012 at 11:16 AM

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Unless the Landlord knew about the bats and did nothing, he can not be held liable for any damages sustained by your family.
Answered on Jun 13th, 2012 at 11:00 AM

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Securities Attorney serving Rochester, MI at Olson Law Firm
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It is possible to sue your landlord. Talk to an attorney as soon as possible.
Answered on Jun 13th, 2012 at 10:08 AM

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You file a complaint in your circuit court. Additionally, should the issue be so bad that the premises are uninhabitable and you are forced to move, you may sue the landlord for "constructive eviction" and get damages for the time you are forced out. This is actually a mixture of personal injury and landlord-tenant law, so you should be able to get an attorney to take it on a contingency (no payment unless you win) basis.
Answered on Jun 13th, 2012 at 10:03 AM

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Did you give your landlord an opportunity to remove the bats if this situation has been ongoing or did they just appear one day and if this was an isolated instance did the bats bite someone in your family.
Answered on Jun 13th, 2012 at 9:50 AM

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To answer your question, you can sue a landlord the same way you would sue anyone else. File a complaint with a court and serve copies of the pleadings on the landlord. If the landlord is a company, the resident agent's office must be served. To respond to your question detail, though, you would have to address some questions yourself before you decided to file suit. Bats, squirrels, ants, termites, etc. often get into homes through no one's fault. That is why they are sometimes referred to as "invasive." Did your landlord somehow contribute to the home being more accessible to rodents? If you knew of a problem (e.g., a hole in the roof), did you take (or fail to take) any action yourself? Was your landlord even aware there were bats in the home? If so, what actions did the landlord take (or not take)? How reasonable were your own actions? For example, how is it that everyone in your family was bitten by bats? At any rate, you all apparently had to get some shots. How much pain and suffering can that involve? You must understand that just because you are angry or something bad happened does not automatically create a compensable event that allows you to sue others. Nonetheless, good luck to you.
Answered on Jun 13th, 2012 at 9:29 AM

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Employment Law Attorney serving Milwaukee, WI
Partner at Karp & Iancu S.C.
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Yes, you can. This is inexcusable and highly unusual.
Answered on Jun 13th, 2012 at 9:26 AM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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Maybe, it depends. But may be able to withhold rent on the implied warranty of habitability.
Answered on Jun 13th, 2012 at 9:21 AM

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