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Moving Out Due to Bats

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Chris.M

Junior Member
What is the name of your state (only U.S. law)? Illinois

Hello,

A few months ago, my wife and I heard scratching in the ceiling of our apartment, and assumed it was just a squirrel that had found its way into the attic (this is a rather old building, so we knew it would probably be easy for this to happen). Since then though, we had been hearing the occasional scratching in the ceiling, and then the walls. Fast forward to about last month, and we heard scratching coming from one of the bedroom cabinets (they are made into the wall).

In an attempt to see what the animal was (so we would know more information before we called our landlord / animal control), I had opened the cabinet door slightly and shined a flashlight in to investigate. After not seeing anything, I was about to shut the door again when a bat flew right at my face. I quickly shut the door and called our landlord to have these bats taken out of the apartment. He sent over the repair guy, who had no idea what to do (understandably), and wasn't able to find the bat in the cabinet. They then called animal control, who told them (and later me), that they were not allowed to remove the bats, by Illinois law, until the weather warmed up.

So here we are, living in an apartment with bats crawling around in the walls and ceiling, leaving bat guano behind them (which has been linked to multiple health issues). My wife and I are afraid that we are going to get bitten by one of these bats that eventually makes its way into the apartment, and will have to get an expensive rabies shot, which we honestly cannot afford right now. We are uncomfortable in our own home, and just want to move out, but after looking at our contract, we noticed the following clause (spelling is exactly as shown below):

"This agreement is for 1 calendar year of the move in date. (After 12 months, tenancy of the unit will be switched to a month-to-month status). Deposit will be lost and an EXIT FEE of one month's rent will apply if resident fails to stay for one year. Your will be liable for the remaining term of the lease without paying exit fee."

We will pay the exit fee if we need to, but we cannot afford to pay the rest of our rent upfront (we still have another 5 months before our lease expires), and pay the additional fees to rent another apartment through someone else.

Does anyone have any advice on how we can move out, or possible interpretation of the clause shown? We are afraid to talk to the landlord before seeking any advice since he has been known to be quite aggressive towards his tenants, and we are afraid of being evicted as a result.
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? Illinois

Hello,

A few months ago, my wife and I heard scratching in the ceiling of our apartment, and assumed it was just a squirrel that had found its way into the attic (this is a rather old building, so we knew it would probably be easy for this to happen). Since then though, we had been hearing the occasional scratching in the ceiling, and then the walls. Fast forward to about last month, and we heard scratching coming from one of the bedroom cabinets (they are made into the wall).

In an attempt to see what the animal was (so we would know more information before we called our landlord / animal control), I had opened the cabinet door slightly and shined a flashlight in to investigate. After not seeing anything, I was about to shut the door again when a bat flew right at my face. I quickly shut the door and called our landlord to have these bats taken out of the apartment. He sent over the repair guy, who had no idea what to do (understandably), and wasn't able to find the bat in the cabinet. They then called animal control, who told them (and later me), that they were not allowed to remove the bats, by Illinois law, until the weather warmed up.

So here we are, living in an apartment with bats crawling around in the walls and ceiling, leaving bat guano behind them (which has been linked to multiple health issues). My wife and I are afraid that we are going to get bitten by one of these bats that eventually makes its way into the apartment, and will have to get an expensive rabies shot, which we honestly cannot afford right now. We are uncomfortable in our own home, and just want to move out, but after looking at our contract, we noticed the following clause (spelling is exactly as shown below):

"This agreement is for 1 calendar year of the move in date. (After 12 months, tenancy of the unit will be switched to a month-to-month status). Deposit will be lost and an EXIT FEE of one month's rent will apply if resident fails to stay for one year. Your will be liable for the remaining term of the lease without paying exit fee."

We will pay the exit fee if we need to, but we cannot afford to pay the rest of our rent upfront (we still have another 5 months before our lease expires), and pay the additional fees to rent another apartment through someone else.

Does anyone have any advice on how we can move out, or possible interpretation of the clause shown? We are afraid to talk to the landlord before seeking any advice since he has been known to be quite aggressive towards his tenants, and we are afraid of being evicted as a result.
Call your local housing inspections department and get them to come out. If you are lucky they will condemn the unit until the bats can be removed and you will be able to leave without penalty at all.
 

Gail in Georgia

Senior Member
I'd contact the Housing Inspections department and determine whether what you were told regarding requiring warm weather to remove bats is actually accurate.

Take comfort in knowing that the fear that all bats are rabid is simply inaccurate.

How about keep that cabinet door shut in the meantime.

Gail
 

FlyingRon

Senior Member
I'd rather have bats than squirrels. Bats provide a useful ecological service by eating insects and the like.
Squirrels can get rabies as well. Neither is likely to have it nor bite you.
 

not2cleverRed

Obvious Observer
I'd rather have bats than squirrels. Bats provide a useful ecological service by eating insects and the like.
Squirrels can get rabies as well. Neither is likely to have it nor bite you.
Actually, if there are bats, there are probably squirrels as well. As a relative found out last year after buying a home that turned out to have 2 bat colonies and flying squirrels...

The bigger danger than rabies is all that guano.

Also, bats can have bat bugs, which are similar to bed bugs, but survive on bat blood. They will try to feed on humans if they get the chance, but human blood is insufficient for their dietary needs, so get rid of the bats and you no longer have to worry about bat bug bites because they will starve to death.
 

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