Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Hi guys! Hoping to get some help on a sticky rent situation. Here's the back story: In December of 2012, our basement apartment flooded with sewage. The plumber came out, temporarily fixed it, and advised us it may happen again. After contacting the landlord, the landlord stated he would not be fixing the issue any time soon, that the apartment may flood again, suggested we look for a new place, and therefore agreed to let us out of the lease early and requested 14 days notice instead of 30. We found a new place on the 24th of January and gave him notice through the 17th of February, so 21 days of notice. Now he's demanding we pay through the end of February. There is nothing in the lease handling proration beyond how our first month was prorated. I live in Idaho and, after going through all of the applicable renting laws, I can't find anything one way or the other. He's threatening to sue us if we don't pay for the entire month. I have everything in writing from him, including his agreement to let us out of the lease early and his acknowledgment that he would not be fixing the plumbing issue. Any advice there?
I'm not an expert in these things, but I think he 'owes' you - for such a big plumbing problem! And having to move as a result. Since you have everything in writing, I don't see which leg he could be standing on. Let him fret! I think that's all he can do.
IF your not 100% sure your going to be gone & hand him the keys then You you need to pay him. Sounds like hes already prorated the rent for the the flood. & hes letting you out of the lease.
I'd just pay the prorated portion if you have everything in writing. When I say everything, I mean especially him giving you the ok on a 14 day notice rather than 30. Good luck!
IF your not 100% sure your going to be gone & hand him the keys then You you need to pay him. Sounds like hes already prorated the rent for the the flood. & hes letting you out of the lease.
I may have been unclear: we gave him a definite date for when we'll be gone, February 17th and no, he isn't pro-rating anything for us. We gave him 21 days of notice when he asked for 14, and he now wants us to pay for the rest of the month after our effective notice date.
Have you just said to him, "You told us in writing that we could get out of the lease early because you would not be fixing the plumbing issue that led to sewage in our apartment. You also told us that 14 days' notice was OK and we gave you 21 days' notice. Again, we have all this in writing. Is there something we are missing?"
Then see what he says. Since you have everything in writing, I don't see how he has a leg to stand on. As for the plumbing issue that he won't fix -- yuck!!!!
Have you just said to him, "You told us in writing that we could get out of the lease early because you would not be fixing the plumbing issue that led to sewage in our apartment. You also told us that 14 days' notice was OK and we gave you 21 days' notice. Again, we have all this in writing. Is there something we are missing?"
Then see what he says. Since you have everything in writing, I don't see how he has a leg to stand on. As for the plumbing issue that he won't fix -- yuck!!!!
Yep, we tried it! He said it's our decision, late fees will apply, and he'll see us in court. I'm not quite sure what he expects here.
As long as you have everything in writing, copies of any emails, texts, etc. (any photos?) I'd be inclined to ignore him and then see him in court if he actually does file. An affidavit from the plumber simply attesting to the fact that the fix he did was temporary and that the flooding would probably happen again would be a bonus. On the face of it the landlord sounds quite deluded. Water is one thing - sewage is a whole 'nother issue and involves far greater issues of habitability. Is the basement apartment even legal?
As long as you have everything in writing, copies of any emails, texts, etc. (any photos?) I'd be inclined to ignore him and then see him in court if he actually does file. An affidavit from the plumber simply attesting to the fact that the fix he did was temporary and that the flooding would probably happen again would be a bonus. On the face of it the landlord sounds quite deluded. Water is one thing - sewage is a whole 'nother issue and involves far greater issues of habitability. Is the basement apartment even legal?
Good idea about the plumber's affidavit; we have the landlord saying it's temporary but a plumber would be golden.
You know, at this point I'm not even sure if the apartment is legal. The "grey water" spread through the kitchen, laundry, and soaked through one of the walls into our office, destroying one of our laptops (A whole 'nother story!). The plumber just cleared the main line and no cleanup was done; we had to do everything ourselves. We'll be calling our local health department come Monday.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
