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In most circumstances, the landlord should pay. An exception may be if the backup was caused by the tenant flushing items down the toilet that aren't meant to be flushed.
We had a sewage backup when we were renting due to a partially collapsed sewer line. My husband cleaned up the mess in the house and the collapse in the line was rectified in under 24 hours. Obviously though, that was a minor back up so no need for a hotel. I know they can be a lot worse!
My house mate and I are currently renting and are both on minimum wage so we grow a veggie garden to help lower the food bills. We also have two full time out side dogs (The real-estate terms are only out side pets).
Recently we had a toilet sewerage blockage problem and had town sewerage flowing in to out back yard from the breather pipe which only comes to ground surface. We contacted our real-estate about it ( approximately the 27/03/15) and they sent a plumber to have a look and decide wether it was their job or a council job. The plumber did clear the toilet and gave us a verbal report. He informed us was that it was a council job and that the hole piping was layed wrong.He had temporarily fixed our toilets blockage but it would continue to have probles until properly fixed. He also informed us that he'd report it to the realestate and it would be left to them to organise.
I contacted the real-estate the 3rd of April , amongst other issues I asked wether or not a resolution to the sewerage problem had been found.
Their reply was they were still waiting for the plumbers report. Once they received that they would send it to the owner and he would pass it on to the council.
I replyed that day asking if they could give me any sort of time estimate as to when the council will get here. I stated that "We understand it is a council job but It is an inconvenience. We don't have full use of our yard, our dogs are having to be kept near the house at all times, we have a veggie garden which we don't feel comfortable eating from encase of contamination and with all the rain we've had I'm pretty sure the sewerage that hasn't soaked in is now starting to wash in to the house yard behind us."
They still have not replied (13/04/15)
I personally contacted our local council and informed them of the situation. The had multiple plumbers out today (13/04/15) unblocking the pipes. I am not sure if the pipes do or do not need to be relayed.
But we still have a problem with the amount of TOWN sewerage that has flowed in to and now soaked in to our backyard. Our soil is contaminated and we feel there is a good chance our veggie garden is also contaminated and don't feel safe eating from it. It's a health hazard to us and our dogs with potential of spreading disease as it is the Town sewerage, and an inconvenience due to loss of at least a 3rd of our back yard.
My question is, is there anything that can be done about the contamination? Are there any enforcements involving the real-estate or council having to remove contaminated soil? Should there be a rent drop for compensation?
My question is, is there anything that can be done about the contamination? Are there any enforcements involving the real-estate or council having to remove contaminated soil? Should there be a rent drop for compensation?
It's a town problem, not your landlord's so I can't see how you could claim a rent reduction from him as he didn't cause the problem. Best advice is to wait and see what happens now that the town has sent out a workforce. Whether it's a health hazard or not is up to the local Health Department to determine and soil contamination can only be proven with soil testing. But best you wait and then if you're not satisfied with the remedy, contact a local attorney for advice.
What is known as "the implied warranty of habitability," a landlord has the obligation to ensure that a dwelling is free from hazards that affect the health and safety of his tenants. Clearly, a sewage backup can pose a health risk for the tenants. In some states, you can withhold rent if a landlord fails to make certain repairs; in other states, you can file a rent escrow action.
What is known as "the implied warranty of habitability," a landlord has the obligation to ensure that a dwelling is free from hazards that affect the health and safety of his tenants. Clearly, a sewage backup can pose a health risk for the tenants. In some states, you can withhold rent if a landlord fails to make certain repairs; in other states, you can file a rent escrow action.
What is known as "the implied warranty of habitability," a landlord has the obligation to ensure that a dwelling is free from hazards that affect the health and safety of his tenants. Clearly, a sewage backup can pose a health risk for the tenants. In some states, you can withhold rent if a landlord fails to make certain repairs; in other states, you can file a rent escrow action.
Also irrelevant since poster clearly lives outside of the US.
Judging from the OP's first post, they have no idea what the problem was/is.
A "sump pump" is used in basement areas to pump groundwater from around a building's foundation. It has absolutely nothing what-so-ever in common with a sewer line. If your sump-pump fails, your house won't fill with sewage.
That's not completely true. The city pipe line broke and about a foot of sewage backed up into my basement through the sump pump. The pressure of the water pushed the cap off.
That's not completely true. The city pipe line broke and about a foot of sewage backed up into my basement through the sump pump. The pressure of the water pushed the cap off.
I'm pretty sure this has been dealt with by now since this post is almost 11 years old.
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