A Texas couple is taking their former landlord to court over a neglected bat infestation that caused one of them and their dog some serious health issues.
In 2021, Heather Loeb and her husband leased a property in Houston, Texas, from one Anh Xuan Vo. Heather claims that soon after they moved in, she began experiencing sudden problems with sinus and respiratory issues. They seemed to be getting worse over time, and after a year, Heather’s health allegedly had declined to the point where she was experiencing more significant problems.
She says that her symptoms included blood in her urine, vomiting while sleeping, chest pain, and “utter exhaustion.” Most alarmingly, perhaps, were what looked to be bite marks on her body. When she consulted doctors, they were dumbfounded as to the cause and couldn’t tell her what was wrong.
That sounds frustrating, and the Loebs were probably feeling pretty batty — but they soon figured out that it wasn't all in their heads.
Loebs Meet Their Housemates
The couple had been noticing a strange odor in their leased home that they couldn’t identify. One summer night, they were sitting on the patio when they caught quite a startling sight for the first time: there were thousands of bats flying out of the holes along the side of the house. Then, it clicked – the funky smell they’d been smelling was guano, a fancy way of saying bat poop. The next day, they notified their landlord, Vo, of the health issues Heather had been having.
After doing research online, they connected some of the symptoms Heather had been having to the bats. What appeared to be bite marks weren’t actually from bites, but they were indirectly caused by the bats. “Bat bugs” are blood-sucking parasites that primarily feed on the blood of bats where they live. But they can get onto humans and drink their blood as well, and that’s what happened to Heather. The bite marks weren’t from the bugs biting her, but rather from the sites where they’d burrowed under here skin. Bat bug bites are supposed to be even worse than those of bed bugs.
When the Loebs went back to the doctors and told them about the bats, Heather was finally diagnosed Histoplasmosis. This condition is a fungal infection that’s caused by inhaling spores of the fungus Histoplasma capsulatum. Unsurprisingly, this fungus is often found in guano, and transferred to humans when they breathe in those spores. Later, the Loeb’s dog was also diagnosed with Histoplasmosis.
Landlord Ignores Issue, Tenants Sue
After the Loebs had notified Vo, the landlord at first offered to move them into another one of her properties and that they could stop paying rent until they were moved. But Vo apparently didn’t stick to these promises, instead opting to start eviction proceedings on the Loebs. The Loebs claims that Vo made no effort to remediate either the bat infestation or Heather’s injuries. As a result, the Loebs were forced to move on their own.
A few weeks ago, Loeb sued both her landlord and the property management company together in federal court. According to the Loebs’ complaint, Vo knew that the leased premises had become infested with bats during a previous renovation but didn’t tell the couple. Heather accuses the landlord of malfeasance, gross negligence and failure to warn the couple of the bat infestation or to make any effort to mitigate the harm suffered by them.
Demanding Damages
Apart from the bat bug bites and scarring and histoplasmosis, Heather claims that, as a result of the bat infestation, she’s suffered hematuria, paroxysmal Vomiting, pericarditis, dramatic hypotension, frequent hospitalization, respiratory and sinus infections, depression, Exhaustion, PTSD, loss of employment, loss of consortium, loss of personal property, inability to work, and “crushing medical bills and the likelihood of a lifetime of pain, suffering and permanent disability.”
The Loebs also accuse Vo of hiding behind her “alias” management company, ISHA. And this is why they’re going after both as co-defendants. Heather writes in her complaint that “Defendant ISHA is nothing more than the alter ego of Defendant Vo and as such she is personally liable for the harm she caused to plaintiff.”
To make her whole, Heather seeks compensatory damages in excess of $10 million and additional punitive damages to punish Vo for her malfeasance and gross negligence. That’s likely a lot more money than Vo has, of course. Heather has asked the court for a jury trial in her complaint, so it looks like for now, the case is potentially on its way to be hashed out in court.
Related Resources:
- Tenant Safety and Landlord Liability (FindLaw's Learn About the Law)
- Landlord Won't Fix the Heat? Three Legal Options (FindLaw's Law and Daily Life)
- How To Meet the Warranty of Habitability as a Landlord (FindLaw's Learn About the Law)
