Saturday, September 03, 2011

Tenant Suit: Flying Rodents Drove Us Out 6 Days After Coughing Up $36K In Advance For 1-Year Apt. Lease; Pair Wind Up In ER For Series Of Rabies Shots

In New York City, the New York Post reports:
  • Two Manhattan women say they fled their Washington Heights apartment in horror after discovering it was already occupied — by bats. In papers filed in Manhattan Supreme Court, Dimitra Mallarios, 56, and Irene Katehis, 23, say they were duped into paying a full year’s rent for an apartment at 640 Fort Washington Ave., only to discover that some flying rodents were already at home in the fifth floor pad.


  • The pair moved into their $2,500-a-month batcave on July 25, but soon found out they weren’t alone in the fifth-floor pad, their court papers say. Two days after they moved in, "Mallarios encountered a bat" which was "flying around one of the rooms in the aprtment," the suit says. The "very scared, nervous and upset" tenant called the building’s super, who "was able to catch the bat in a plastic bag and remove it from the premises," the suit says.


  • The pair "believed that the premises was free from bats and decided to remain in the apartment," the suit says — but the horror was just beginning. Four nights later, the pair came home and "were getting ready for bed when Malliaros noticed a weird bustling coming from her window," the suit says. "[T]he curtain covering the window was moving a lot," and when Malliaros went to investigate the sound, "a bat flew out from behind the curtain headed directly at" her, the suit says.


  • "Malliaros screamed, exited the bedroom and slammed the door, leaving her purse, money and cell phone behind." The pair stayed at a relative’s apartment, where they’ve been living in cramped quarters ever since, the suit says. "The plaintiffs have only returned to the premises to pick up some of their personal effects" and "only during daylight hours," the suit says.


  • They did get a painful souvenir from their six-day stay in their new home — their doctor noticed two marks on Katehis which they believe "were caused by a bat while Katehis was asleep in the premises."


  • As a result, they had to go the ER at Lenox Hill for a rabies vaccine. "They were each given four shorts, which were very painful and involved very large needles," and they need "to get an additional shot each week for the next three weeks."


  • The pair say they’d like to move, but "after paying $36,100 up front for the one year lease of the premises, which includes a security deposit and a broker’s fee, the plaintiffs do not have money to find substitute housing." The suit says they complained to the landlord about the bat problem, but he never returned their call.


  • The suit seeks a refund of their rent from August on, as well as $1 million in damages for their "emotional distress," "severe anxiety" and problems they’ve had sleeping since. Landlord Fairline Management did not respond to requests for comment.


  • The building’s super, Sabri Shabiu, told The Post he had taken one bat out of the apartment, but said he felt the women were exaggerating about the extent of the problem. "No infestation. No way!" he said. Other residents said they hadn’t had any bat issues in the building, although there had been problems with skunks and raccoons in the building’s garden.

Source: Bats drove us from our apartment: lawsuit.