Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

What are the renters rights in regards to bats inhibiting an…

What are the renters...

What are the renters rights in regards ***** ***** inhibiting an apartment, and have been for at least a year? The rental management company stated that they have never heard of a problem, and the exterminator told the renters they have been to the property several times. They also advised the apartment isn't safe. What are our rights?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Wisconsin

Lawyer's Assistant: Has any paperwork been filed?

No, just phone calls back and forth. The first instance we have had a problem (My daughter is the renter) was about six weeks ago, and the rental agent stated they would fix the problem, as they have never had one there before. We now know this to be untrue, and we are wondering what types of paperwork we should file, or what are our rights? She doesn't feel comfortable living there now with this issue.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I believe this is the jist of our issue. Thank you.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
9/5/2017
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,924
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you.

Ask Your Own Real Estate Law Question

The law requires that the rental property be in a habitable safe condition. Has your daughter contacted the Health Department and filed a complaint? What type of infestation are is occurring?

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
Thank you. As stated above, my daughter is under a lease agreement with a university-based rental company in Eau Claire, WI. They signed the lease starting June 1st and just moved in this week. There was one legal subleaser at the the apartment this summer, who had two incidents with bats. Both times, the rental company was called and they claimed to send someone to fix the problem, and they said this is the first they have heard about it. We now know this to be false.
Customer reply replied 5 months ago
The bat removal company was there today and told the renters that they have been at this property several times and their opinion it wasn't safe to live in. We are wondering our rights. We have not contacted any agencies yet, as we are trying to figure out what the best course of action yet. Their safety is my biggest concern, and also they have a place to live.
Customer reply replied 5 months ago
The company Orkin, found a pile of bat feces in the attic that has been there for about a year (in their estimation). Other tenants have stated that they have had an ongoing bat issue for more than a year as well. I'm not sure what course of action they have taken.

The landlord has a duty under the State law to keep the rental property habitable. This is implied, if not stated in every lease by law. Your daughter has every option available to her and the landlord is forbidden by law to retaliate for her reporting the condition. Bats carry rabbis and this is a very dangerous situation. Let me provide the law for you.

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
The landlord agent tried to tell me that rodents and insects are their responsibility, when in reading the lease, it states that it is only their responsibility if the rodents are due to garbage, or other fault of the renters. There has been no one at the apartment except one subleaser, who was extremely neat and barely there, which makes the fact she had found TWO bats in her apartment shocking.
Customer reply replied 5 months ago
I would appreciate you directing me to the law that is available to us for this situation.

Sadly for the landlord the law requires the right to a habitable rental environment. The landlords can try to push this off on the tenant but that will not stand. These are the landlords duties. http://www.nolo.com/legal-encyclopedia/top-10-landlord-legal-responsibilities-wisconsin.html

Since they are saying they are not receiving messages I would have her send them a certified letter return receipt requested advising them of the situation. Letting them know this is a breach of contract and that she will be terminating the lease as the premises is toxic.

I can also provide a link for local Attorneys that provide FREE consultations.

Ask Your Own Real Estate Law Question
Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
Thank you. The company is answering our phone calls, but what they tell us isn't the truth. We are mainly concerned for their safety first, and then our rights in possibly getting out of this lease without any kind of penalty. Lastly, with move-in already taking place this week and school starting tomorrow, the likely hood of them finding a comparable housing situation is going to be tough. Is it their responsibility to rehouse tenants when their currently leased property isn't habitable?

I will set out what there duties are with regard to this matter.

:"ATCP 134.08 Prohibited rental agreement provisions Under the rules, rental agreements that contain the following provisions are void: (1) Allows a landlord to do any of the following because a tenant has contacted an entity for law enforcement services, health services, or safety services: Increase rent, decrease services, bring an action for possession of the premises, refuse to renew a rental agreement, or threaten to take any action to do so. (ATCP 134.08(1))" https://datcp.wi.gov/Documents/LT-LandlordTenantGuide497.pdf

Ask Your Own Real Estate Law Question

"Under the implied warranty of habitability, landlords must do the following:

  • Keep the building’s foundation and structure intact and safe. Floors, walls, roofs, and stairs should be stable and secure.
  • Ensure that all common areas are clean and safe to walk through, like hallways and stairwells.
  • Make sure all internal systems are in safe and working condition. This includes electrical, plumbing, heating and cooling, ventilation, and sanitation. If the property has elevators, they should be safe and up-to-date on inspections.
  • Keep both hot and cold water running.
  • Provide trash receptacles and pickup when appropriate.
  • Remove environmental toxins, like lead paint dust, asbestos, black mold, and others. This is especially critical for homes with young children, or for residents who have other health conditions.
  • Exterminate pest infestations, get rid of rodents and other problematic critters.
  • Provide that the rental property is reasonably secure from criminal intrusion, with functional locks and any other appropriate safety measures." http://www.greenresidential.com/2472-2/
Ask Your Own Real Estate Law Question

She can certainly ask to have the lease terminated and be reimbursed for any damages that occurred as a result. Let me provide a link for Attorneys in the area that provide FREE consultations so they can assist with all of the options available to your daughter. One moment please.

Ask Your Own Real Estate Law Question
Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
Thank you.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Thank you for your consideration.

Ask Your Own Real Estate Law Question

You are most welcome.

I am adding this link for informational purposes http://www.tenantresourcecenter.org/rights_in_wisconsin

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
I would be happy to give you a good rating. You gave me good information to begin this process. I didn't know where to start, and now we have a starting point. Is there a link where I can rate your service?

There should be a rating scale at the top of the page on your end. 5 stars.

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,924
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified
Attyadvisor and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
Thank you. I will do this now. I think you've answered my beginning questions. I wouldn't hesitate to use this site again in the future. Thanks again!

Thank you.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,924
7,924 Satisfied Customers
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.

Attyadvisor is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Rental property in Indiana, tenant has lived in the property
Rental property in Indiana, tenant has lived in the property for four years without paying any rent. All owners live in different states and has not taken care of the finances as expected. I am the le… read more
Lori
Lori
Juris Doctor
602 satisfied customers
We live in Florida and entered into a rental agreement on
We live in Florida and entered into a rental agreement on June 11 2015-June 12 2016. We fulfilled the lease terms and continue to rent month-to-month with oral agreement with the landlord. In November… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,587 satisfied customers
I cosigned a rental agreement for son. The agreement I
I cosigned a rental agreement for son. The agreement I signed was supposed to be renue the second year. I did not sign it. They lived in that rental property for at least 6 years. Now they are trying … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
We have a rental property that was attached to our current
we have a rental property that was attached to our current homes mortgage when we fell behind on it. We filed chapter 13 in 2015 and current with payments. Wells fargo is the home mortgage and First N… read more
DrakeLAW
DrakeLAW
Juris Doctorate
1,037 satisfied customers
I have a rental property that is underwater. The unit is
I have a rental property that is underwater. The unit is currently empty. The other issue is I am concerned that I may have difficulty renting because I have some water damage in the living room ceili… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
After the 12 month lot rental agreement, what is the
After the 12 month lot rental agreement, what is the procedure for being able to move from a mobile home park. I live in a home someone else owns, but I am the name on the lot rental agreement. When I… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
If it is determined that plumbing blockage or contruction
If it is determined that plumbing blockage or contruction required in common supply pipes according to camera inspection by private plumbing contractor inspection. who pays … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers
If a real estate agent is aware that a rental property has
If a real estate agent is aware that a rental property has had rats that were exterminated, must this info be given to a prospective renter? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My apartment caught fire on Dec 2nd because of an electrical
My apartment caught fire on Dec 2nd because of an electrical issue in the attic. I was finally released from my lease but have been waiting to get my deposit back on the 2 apartments that I had lived … read more
LegalGems
LegalGems
Juris Doctorate
11,013 satisfied customers
I have a rental property(Wisconsin) the garage was built in
I have a rental property(Wisconsin) the garage was built in 1966. The requirements is the garage has to be 18 inches from lot line. I had a survey pulled . The garage is 4.32 inches. Is it grandfather… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,826 satisfied customers
If my landlord doesn't have a signed rental agreement can
If my landlord doesn't have a signed rental agreement can she evict me. She gave me a notice with cause they didn't have any time to cure and none of the things that were are on the notice were true … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,587 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
211 satisfied customers
My condo HOA said my former tenant damaged elevator around
My condo HOA said my former tenant damaged elevator around 04/20/2017, and asking me to pay for repairing bill, I asked for the repairing invoice for months without getting one; On 11/15/17 condo boar… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,681 satisfied customers
My mother signed a special warranty deed for her house to be
My mother signed a special warranty deed for her house to be put in the name of an individual lienholder because they told her the house was not worth what she owed them. She owed this individual 197,… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have a warranty deeds for my house in Cary and I wanted to
I have a warranty deeds for my house in Cary and I wanted to know if my ex wife is still owning anything in it … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
New house. Water damage in basement. Developer refuses to
New house. Water damage in basement. Developer refuses to pay damages. Property in NH … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We have water damage in our apartment and I feel that
We have water damage in our apartment and I feel that management is doing what they supposed to do , or following protocol … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
I live in a 3-story apartment building with an old elevator.
i live in a 3-story apartment building with an old elevator. It has broken and the owners are not replacing. Are they required to have one by law? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x