House has been condemned , what can i legally sue for (broken lease, tenants)
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The shower in the downstairs bathroom , the water would not shut off when you turned the handle.
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Toilet in upstairs bathroom leaking from the base and flooding bathroom.
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Raw sewage had bubbled up through drains in kitchen , and both showers.
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Identify 2 major breaks in the sewer lines. Old terra cotta pipes, probably 50 years old apparently.
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kitchen floods, drainage from dishwasher totally blocked. Later that evening, toilet downstairs overflows, middle of the night, sewage in our showers again.
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sewage in showers again
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Drainage issues continued
You knew the situation before you moved in. But still you went. And you stayed. And continued to pay rent.
So, why are you still living there? Living in sewage and hoping to sue instead of packing up your stuff and moving to another place that is in better condition?
It sounds to me like the landlord has been working on the problem all along. But a faulty sewer line is a valid reason for you to break the lease and move out. You should have been out of there as soon as it became obvious that it wasn't going to be a fast fix.
Was reading thru the post waiting for when the typical landlord here would come and blame the tenant. Did take longer than i thought but not surprised by who
Was reading thru the post waiting for when the typical landlord here would come and blame the tenant. Did take longer than i thought but not surprised by who
Aren't you the other guy who moved into a slum, expecting the Ritz?
Great story and attention to detail.... I agree with the above on that.
What's the point in suing the landlord? What is your goal? Its an mportant question! Do you have the impression the landlord is sitting on a pile of money and ignoring your repairs just to be a jerk? Because otherwise it sounds to me like he's about to lose his shirt in this, it will cost him a fortune.
I think you have the right to make yourself whole. Give notice that you are moving, immediately, due to the place being condemned. And move your self and your stuff, out. ASAP. And then ask for a settlement. You have to ask for what you think you are due, before suing him for not paying you.
Ask/Sue for any time that you have paid rent and were not able to use the apartment.
-Any other bills or damages you've had to pay because of the problems.
-Your damage and security deposit
-Moving expenses
And that's it. No puffed up damages for spite, no pain and suffering, no fluff. Just sue for what you are out.
All of this is my opinion only. This should not be viewed as an opportunity for you to enrich yourself at landlord's expense, you should sue for what you have lost because of the landlord. No more, no less. If you ask for a reasonable amount of money to move out and get on with your life, he may take it to be rid of you. If you reach for the moon and he can't afford it, you may end up with nothing because he's got bigger fish than you after him.
This excellent advice. You can't get blood from a turnip, people with property do not necessarily have liquid assets. Additionally, legal fees for a long protracted legal battle can really cut into your bottom line and I have known people who have ended up being worse off financially than they would have had they just walked away because the legal fees exceeded the money they were awarded. This is not to say that you shouldn't try to be made whole, you should. You should be able to get a percentage of all the escrowed rent back along with all your deposits, any direct property losses (ruined items), and reasonable expenses you have incurred due to needing an alternative place.
Part of you may want to put the guy out of business but this will cost him dearly enough that he'll reconsider his actions in the future. From what you describe, he has probably already laid out more money temporarily housing you than it would have cost him to fix the problem properly when it first occurred. Besides, I always try to keep future karma that might be coming my direction in future whenever I think I might want to exact revenge on someone.
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So, why are you still living there? Living in sewage and hoping to sue instead of packing up your stuff and moving to another place that is in better condition?
It sounds to me like the landlord has been working on the problem all along. But a faulty sewer line is a valid reason for you to break the lease and move out. You should have been out of there as soon as it became obvious that it wasn't going to be a fast fix.
Quote:
Originally Posted by convextech
You knew the situation before you moved in. But still you went. And you stayed. And continued to pay rent.
Why are you suing when you could have left?
He didn't. Before he moved in the landlord fixed some stuff and said he would fix a window and the garage door. A sticky or malfunctioning window is on a completely different level than sewage routinely backing up. And the tenant has paid rent into an escrow fund since February. So the landlord hasn't collected rent since February.
And here's the other thing. I find it glib and a bit arrogant for people to say, "so you don't like it, just move," or "why didn't you move a long time ago?" Obviously, in this situation at this point that's all the OP can and Should do. No. I don't want to move. I want the LL to fix the place he's rented to me. I want what was represented to me. And, I understand that things happen that are outside the LL's control, but still.
Moving is expensive. Its exhausting. Its time consuming. Some people have adequate PTO at work, some don't, and some are hourly so not working to move means not getting paid. The costs add up and go on and on, way beyond the first months rent and deposit. There is all the cleaning at the old place. There is then the cost and time of moving your stuff (which often involves a truck rental or hiring someone.) Even boxes cost more than you think. Stuff breaks. You're out of your kitchen eating take out. You often end up throwing away some food you otherwise wouldn't. Then the trip to Target, to replenish your toilet brush and your clorox wipes and the lightbulbs that broke, and the extra power strip you now need, etc...
He didn't. Before he moved in the landlord fixed some stuff and said he would fix a window and the garage door. A sticky or malfunctioning window is on a completely different level than sewage routinely backing up.
He started having major issues within TWO DAYS of his moving in, that were separate from the things the landlord promised to fix. You don't stay somewhere for more than a week living in sewage, and still expect this to come out good. Instead, he stayed SIX MORE MONTHS.
Yes, moving is expensive, and if the issue is bugs or the occasional leaky faucet, absolutely, I would stay too. But not to the level of disgusting filth this tenant has endured (his choice).
He didn't. Before he moved in the landlord fixed some stuff and said he would fix a window and the garage door. A sticky or malfunctioning window is on a completely different level than sewage routinely backing up. And the tenant has paid rent into an escrow fund since February. So the landlord hasn't collected rent since February.
And here's the other thing. I find it glib and a bit arrogant for people to say, "so you don't like it, just move," or "why didn't you move a long time ago?" Obviously, in this situation at this point that's all the OP can and Should do. No. I don't want to move. I want the LL to fix the place he's rented to me. I want what was represented to me. And, I understand that things happen that are outside the LL's control, but still.
Moving is expensive. Its exhausting. Its time consuming. Some people have adequate PTO at work, some don't, and some are hourly so not working to move means not getting paid. The costs add up and go on and on, way beyond the first months rent and deposit. There is all the cleaning at the old place. There is then the cost and time of moving your stuff (which often involves a truck rental or hiring someone.) Even boxes cost more than you think. Stuff breaks. You're out of your kitchen eating take out. You often end up throwing away some food you otherwise wouldn't. Then the trip to Target, to replenish your toilet brush and your clorox wipes and the lightbulbs that broke, and the extra power strip you now need, etc...
So I get why people avoid moving.
^^This, exactly! I could not agree more with everything you said.
He started having major issues within TWO DAYS of his moving in, that were separate from the things the landlord promised to fix. You don't stay somewhere for more than a week living in filth and sewage, and still expect this to come out good. Instead, he stayed SIX MORE MONTHS.
He may have really liked the place or the neighborhood. I get the impression (terra cotta pipes indicate a home built during a bygone era) the home was rented because it had a feel to it they wanted. People who move in those type of homes are generally willing to put up with some annoyances they wouldn't tolerate otherwise. Sewage problems and water usage losses are not an annoyance, they can cross in to inhabitable if not addressed appropriately.
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When I post in bold red that is moderator action and, per the TOS, can only be discussed through Direct Message.
People who move in those type of homes are generally willing to put up with some annoyances they wouldn't tolerate otherwise. Sewage problems and water usage losses are not an annoyance, they can cross in to inhabitable if not addressed appropriately.
Wow, I guess I am just super picky about where I live. I'd rather have an ugly home in an ugly neighborhood with sewage that never overflows, than a beautiful home that is downright unsanitary and smells like...well, you know.
Aren't you the other guy who moved into a slum, expecting the Ritz?
No genius. You must be reflecting. But made me lol so thanks.
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