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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
The whole matter of winning a claim is probably going to come down to what you mean, and how you prove, that “a prior tenant had” bedbugs. I’m not going to say you “can’t” win this kind of case…a better approach is to lay out the facts that usually have to be there, in order for you to win. Prepare a detailed statement of costs, title it a Demand Letter, of all costs, and submit it the owner of the property as a registered letter. Here’s a sample that you can adopt: http://www.legalforms.name/financial%20forms/collectiondemandletter.pdf.
Instead of talking about the difficulty of winning this kind of case, we’re gong to talk about how similar claims have been won, despite the problems of a landlord denying any hazard or unhealthy condition. In the end, you’ll have to decide if (under the facts as you know them) the chances and costs of winning make sense to you.
The person most likely to be liable in a lawsuit to recoup your losses (which can easily be thousands of dollars) will be the owner of the building. You will charge the landlord or manager as being the agent of the owner. It will probably be hard to ultimately make the landlord liable, unless they are also actually the owner. On the other hand, naming the landlord in a small claims suit will help you get evidence. Because small claims are more informal, there’s a higher chance a landlord who seems dishonest or deceptive in rental practices will be held liable in small claims. You can also try to sue any exterminator who was involved…here’s a case that successfully added the exterminator to a suit: http://caselaw.findlaw.com/ny-supreme-court/1211110.html . For a small court claim to Wisconsin courts: http://www.wicourts.gov/publications/guides/smallclaimsguide.htm.
Legal Liability For Unfit Premises.
There are not yet a lot of court cases involving the cost of pestilence to a renter. That’s changing as housing conditions (such as bed bugs) have gotten worse, more costly, and more widespread. In Wisconsin small claims, you’ll file a “Tort” claim for negligent damage to your property. Wisconsin small court tort claims are limited to $5,000 max.
To make your case, you can borrow the legal language from these court cases. Juts keep it simple and match the facts as they apply specifically to your case. The main concept for you to use is that you have “a warranty of habitability.” This can translate into meaning you have a contractual right to be able to use the premises, the way they were intended to be used. A bed bug infestation can make a place uninhabitable…so one big question is whether you moved out because of the pests. If you did, that helps win the case. In one case from New York, the court noted it was a case not heard of since the early 1900s. The renter proved impact to his health and the court found the landlord/owner was liable for the extensive bed bug costs. http://caselaw.findlaw.com/ny-civil-court/1230045.html .
Other Actions You Might Take
Besides filing a law suit, there’s also the fact you wouldn’t want this to happen to other people. Depending on where you are in Wisconsin, a complaint to the right place can help make this landlord more responsible. You can threaten the owner with complaints to the Better Business Bureau or the Chamber of Commerce. Keep in mind that when you complain about something that can harm a business’s reputation, the owner may try to sue you for libel. Complaining to a government agency, on the other hand, is usually not going to get you in legal trouble. Here’s a place to find where to make a health complaint: http://www.walhdab.org/.
The whole matter of winning a claim is probably going to come down to what you mean, and how you prove, that “a prior tenant had” bedbugs. I’m not going to say you “can’t” win this kind of case…a better approach is to lay out the facts that usually have to be there, in order for you to win. Prepare a detailed statement of costs, title it a Demand Letter, of all costs, and submit it the owner of the property as a registered letter. Here’s a sample that you can adopt: http://www.legalforms.name/financial%20forms/collectiondemandletter.pdf.
Instead of talking about the difficulty of winning this kind of case, we’re gong to talk about how similar claims have been won, despite the problems of a landlord denying any hazard or unhealthy condition. In the end, you’ll have to decide if (under the facts as you know them) the chances and costs of winning make sense to you.
The person most likely to be liable in a lawsuit to recoup your losses (which can easily be thousands of dollars) will be the owner of the building. You will charge the landlord or manager as being the agent of the owner. It will probably be hard to ultimately make the landlord liable, unless they are also actually the owner. On the other hand, naming the landlord in a small claims suit will help you get evidence. Because small claims are more informal, there’s a higher chance a landlord who seems dishonest or deceptive in rental practices will be held liable in small claims. You can also try to sue any exterminator who was involved…here’s a case that successfully added the exterminator to a suit: http://caselaw.findlaw.com/ny-supreme-court/1211110.html . For a small court claim to Wisconsin courts: http://www.wicourts.gov/publications/guides/smallclaimsguide.htm.
Legal Liability For Unfit Premises.
There are not yet a lot of court cases involving the cost of pestilence to a renter. That’s changing as housing conditions (such as bed bugs) have gotten worse, more costly, and more widespread. In Wisconsin small claims, you’ll file a “Tort” claim for negligent damage to your property. Wisconsin small court tort claims are limited to $5,000 max.
To make your case, you can borrow the legal language from these court cases. Juts keep it simple and match the facts as they apply specifically to your case. The main concept for you to use is that you have “a warranty of habitability.” This can translate into meaning you have a contractual right to be able to use the premises, the way they were intended to be used. A bed bug infestation can make a place uninhabitable…so one big question is whether you moved out because of the pests. If you did, that helps win the case. In one case from New York, the court noted it was a case not heard of since the early 1900s. The renter proved impact to his health and the court found the landlord/owner was liable for the extensive bed bug costs. http://caselaw.findlaw.com/ny-civil-court/1230045.html .
Other Actions You Might Take
Besides filing a law suit, there’s also the fact you wouldn’t want this to happen to other people. Depending on where you are in Wisconsin, a complaint to the right place can help make this landlord more responsible. You can threaten the owner with complaints to the Better Business Bureau or the Chamber of Commerce. Keep in mind that when you complain about something that can harm a business’s reputation, the owner may try to sue you for libel. Complaining to a government agency, on the other hand, is usually not going to get you in legal trouble. Here’s a place to find where to make a health complaint: http://www.walhdab.org/.