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beachchica21
beachchica21 asked in Business & FinanceRenting & Real Estate · 1 decade ago

Do I have a case? How do I find out if I have a substantial case?

I live in an apartment complex. I am coming upon my 2 years living here. The past two summers I have had this fight with the leasing office about the birds that build nests on the stairs. I live on the third floor. When I walk up the stairs, the birds swoop at my face (because of their nests that are underneath the steps). I am terrified of birds (I know it sounds stupid, but I am). I usually run up the stairs to get to my apt, but I am terrified I will fall on my face one day. I have had many days where I am carrying something down the stairs and they swoop at my face. I have repeatedly asked the leasing office to put wire or a board underneath the steps so they cannot nest there, but they refuse. Do I have a case if I get a lawyer or attorney involved? If they put a piece of plywood under the steps, they have no way to nest. If they put wire under the steps, they have no way to nest. Makes sense - but they refuse. If I fall down the stairs because of the birds - is it their fault? Does anyone know how I can find out?

Update:

Thanks for your answers -- I cannot reach the bottom of the steps to put wire there. I have asked them to do it, they say they will not because it "looks bad". I am one of 2 apts on the 3rd floor and I know the guy that lives up here with me also complains. The whole building is enclosed, but the steps are outside [if that makes sense]. I have even asked them to put scare tactics up [owls, mylar balloons, and they wont]. They will knock the nests down, but by the end of the day - they are back up. I asked them this morning to knock down the nests - they did, but I guarantee they will be back up. Does anyone know of any scare tactics that I can do myself?

3 Answers

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  • kemperk
    Lv 7
    1 decade ago
    Favorite Answer

    u have indicated a problem but you seem not to have taken

    any positive steps to remediate them. Those are birds, not

    alligators; go step by step and knock away the nests. ALL of them.

    and put goup or something where the nests have been put to

    offend the birds.........

    get back to me and I will figure out more simple steps to

    stop the birds from making nests there.

  • goldshire1
    Lv 5
    1 decade ago

    If you fall down the stairs and get hurt because of the birds you might have a case but birds nesting under the stairs does not affect the habitability of the apartment (like something major like a broken water heater that the leasing office refused to fix) so you have no case.

  • Anonymous
    1 decade ago

    Beach:

    which jurisdiction? in most places there would be some sort of residential tenancies board or administrative tribunal where you could get legal advice for free - there would also be volunteer lawyers that could act as mediators. its like the step before you go to a lawyer and file a claim.

    on another note - any chance you can just stick wire or wood in it by yourself?

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