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There are bats in my house....I went to my landlord to

Customer Question
complain and he was dismissive...
There are bats in my house....I went to my landlord to complain and he was dismissive and talked over me. I can't sleep. There is literally a bat locked in my room because I couldn't coax him out. My house smells like pestilence and death. I already suffer from anxiety and this had heightened my condition to where it is difficult for me to exist functionally. I fear my place of residence. Please assist
Submitted: 1 year ago.Category: Legal
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Customer reply replied 1 year ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
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7/30/2016
Lawyer: Gerald, Esq, Lawyer replied 1 year ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,572
Experience: 30 years of experience
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Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Landlords are obligated under the law to keep their rental units in a state of livability. This is called a "Warranty of Habitability. The infestation of bats is an issue of safety and health and needs to be repaired because it effects the habitability of the house.

Iowa law gives tenants the right to repair and deduct from the rent the costs of the repair. This is called repair and deduct. Under Iowa law the landlord may not evict you for doing this. Iowa law provides the tenant with a defense to an eviction action if the tenant can prove that: 1) the landlord failed to comply with the rental agreement or the local housing code; 2) the tenant notified the landlord in writing, at least 7 days prior to the rent being due, of his/her intention to have the repair made and deduct the cost from the rent; 3) the tenant waited at least 7 days after the landlord received the notice before deducting the cost from the rent; 4) the cost of the repair was less than or equal to one month's rent; and 5) the tenant in good faith caused the repair to be made prior to the receipt of the landlord's notice of eviction.

Here is a link to the law:

https://coolice.legis.iowa.gov/Cool-ICE/default.asp?Category=billinfo&Service=IowaCode&input=562A

Here is a link to a useful guide book about your rights as a tenant:

http://www.iowafinanceauthority1.com/docs/AAL/ConsumersToolkit/GuideBooks/RentalHandbook.pdf

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Lawyer: Gerald, Esq, Lawyer replied 1 year ago

I see that you are looking for a phone call. I can provide that premium service but there is a charge for it. I will post an offer for this OPTIONAL service. If you would like the call please click on accept and enter your contact information.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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