Breach of contract..... (sale, real estate, apartment)

[AmyJH]

We are currently renting a home. The main problem we have (there are a few) is that when someone is showering in the master bath and cold water is ran anywhere else, you get straight hot water which is burning hot even after we turned the hot water heater to the lowest setting.

The landlord had a plumber come out and the plumber said the couldn't do anything about it and that the problem stems from the fact that this house shares a well pump with another house. Is this an unsafe condition that warrants termination of the lease? TIA

[Babytarheelz]

Well, yes and no....but probably not. First why I say yes-If you can get a professional measure of the water temperature that states the temp is at a point that can cause an injury, then yes. This would be at your own expense and the landlord also has a right to have his own professional come in to measure as well.

But, here's where the problems lie. First-you say "master" bathroom, so I'm assuming you have another to use. As much as it stinks, a master bathroom is a luxury. As long as you have one working shower, that's what's legally required. Second, in order to be released from a lease under constructive eviction, you have to give the landlord an opportunity to take care of the problem as he sees fit. He needs to be given the opportunity to do whatever is necessary and have time to do so before you can terminate your agreement.

So, could you be released from your lease now-no. Could you *possibly* in the future-maybe, depending on the severity of the safety issue. I'd talk to your landlord. It's obviously an issue for you that needs to be resolved. Just don't expect to be released from your obligations so quickly. It's a tricky process if you want to CYA and not be held responsible in the end.

Good luck!

[AmyJH]

Thanks for the advice. I have tried to work with the LL over this to no avail. If it's a standard NC real estate lease contract and we breach by moving out, will they be able to sue us for the remainder of the months under the lease or keep our deposit and call it a day??

ETA: I also don't understand how using the master shower is a luxury. I didn't rent a home with one shower, so why should I be forced to use only one shower when I'm paying rent for two? KWIM?

[DanielleNC]

Originally Posted by AmyJH

Thanks for the advice. I have tried to work with the LL over this to no avail. If it's a standard NC real estate lease contract and we breach by moving out, will they be able to sue us for the remainder of the months under the lease or keep our deposit and call it a day??

Yes they can sue you. As for the deposit they can keep that and expect you to pay at least until someone else occupies the rental. More than likely that's what the judge will decide, unless you have a good case with the water being dangerous. But I would be prepared to be sued and have to show up to court.

[AmyJH]

Thanks folks!

[Babytarheelz]

Trust me, I understand where you're coming from and I'd be upset too if I wasn't able to use my master bath. I know it's something you're "paying for," but in terms of the law, it's not really. It's a luxury in that you do have one working bathroom which is required by law. And it's also not specifically mentioned in your lease agreement that you're renting a "3 bedroom, 2 bathroom" home or whatever it is that you have. You're renting a property with no guarantees other than those stated in your contract and by NC law.

And yes, they can keep your deposit and sue you for the difference. The total amount they'll be able to recover is the remaining sum of your lease or rent until a new tenant moves in, whichever comes first. And unless you have third party documentation that it is at such a high temp it will cause a burn AND you have given the landlord several notices (in writing) of the problem and given him time to correct the issue after receiving the written notice, then the landlord will win.

Again, sucks, I know. NC is a VERY landlord friendly state.

[Babytarheelz]

I also wanted to add please don't let it get to the point where you are sued. If you have a landlord case on your credit, you will have SUCH a hard time finding another place to rent. I'm an apartment locator and I can find just about anyone something except someone who has a landlord debt or eviction. Landlords just don't mess around when it comes to that!

Good luck!

[sacredgrooves]

I would like to know why a plumber cannot fix it. Sharing a well pump has nothing to do with where your cold water diverts to. My guess is the shower is last in line on the cold water supply and once you turn on anything else cold, it has no source to draw from. The plumber should branch off the main line and run a dedicated "home run" supply line to the shower.

Just as an fyi;
120 degree water takes several minutes to scold you
130 degree water less than 30 seconds
140 degree water less than 5 seconds
150 degree water less than 2 seconds
160 degree water 1/2 second

[saturnfan]

Here's a plan that may get you released.

Better if a lawyer can write this for you, but you can do it yourself.

Send a letter to the landlord detailing the issue and citing the danger to anyone taking a shower when the cold water is drawn by other users.

Tell the landlord that this is formal notice that you will hold them civily liable for any injury that may occur.

Tell the landlord that you request a release from your lease with no penalty if the condition cannot be remedied.

The letter should go certified mail with return receipt. Keep the receipt with your copy.

May well get you out of the lease. Do not accept a verbal release, it must be in writing and signed.

[AmyJH]

Babytarheelz-As upset as I am with the situation, I am going to adhere to the law. You have given very sound advice, thank you!

scaredgrooves-I don't understand why it couldn't be remedied either. I think what it boils down to is they didn't want to spend the money. They purchased the home last year and intend to retire here in about 30 years. There was a warranty as part of the sale of the home that covers appliances and major works in the home. The warranty company were the people who chose the plumber and paid for them to come out. Perhaps I, personally, should pay a plumber to come out and get a second opinion. I'm not sure what the temp of the water is on the lowest setting because it's a gas hot water heater and only has letters A, B, and C (maybe D as well). I guess I could use a meat thermometer and check it.

saturnfan-My husband is in the military, so I'm thinking about taking it to JAG and see if they can help us.