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It was on the last inspection, I think is on July. I was point out to the guy who do the inspection, but he turn it on, turn it off, it was look ok, and he said his house faucet sometimes do the same things, and he skip it, and do other inspection area. On August, when they come to inspect the house again, I tell them again, at that time, it was more serious, then they send someone to fix it on August 16th.
On July, the coast property manage send a guy to my house do the inspection on the fire alarm, and the weed outside the yard. I was point to him the faucet is linking water, he was turn the water on and turn it off, it seems ok to him. He was said his house's faucet sometimes do the same things. Not a big deal. He was ignore it, and skip to the different area do the inspection. On August 7th, 2013, When they do another inspection, I tell them again, at that time, the wall wasn't have big problem yet, it was little shade, by the time when they send someone to the house fix it, it was rough now. Right now, they send me a letter said I didn't report them immediately, I was told them already. They didn't fix it immediately, and ignore the little problem when it was not a big problem, When the Big problem comes out, then now force to be my problem, my fault.
On July, the coast property manage send a guy to my house do the inspection on the fire alarm, and the weed outside the yard. I was point to him the faucet is linking water, he was turn the water on and turn it off, it seems ok to him. He was said his house's faucet sometimes do the same things. Not a big deal. He was ignore it, and skip to the different area do the inspection. On August 7th, 2013, When they do another inspection, I tell them again, at that time, the wall wasn't have big problem yet, it was little shade, by the time when they send someone to the house fix it, it was rough now. Right now, they send me a letter said I didn't report them immediately, I was told them already. They didn't fix it immediately, and ignore the little problem when it was not a big problem, When the Big problem comes out, then now force to be my problem, my fault.
We can argue this all day long, but the fact is, you failed to report the leak in a timely manner and according to their letter you delayed them in making repairs by 9 days. Can you explain that to us please?
If I were you I wouldn't waste any more time on this, I'd pay the bill and move.
According to this letter, you were provided a 30 day notice and you must be out of the house by October 31st. You have enough time to find a new place to live. Start looking now!
I am typing the letter from coastal peroperty management:
September 27, 2013
My Name and Address here
Re: Unreported water leak and damage --corrected version b
During an onsite inspection of your rental home on August 7th 2013 with the owners, a realtor and coastal property management, you pointed out a water leak under your kitchen sink.
This was the first and only time that you reported a problem with a water leak uder your kitchen sink. It was obvious at that time that the leak had been ongoing for quite some times as there was a bowl full of water under the sink and the wall behind the sink and the shelf were wet.
A service call was immediately logged and dispatched by coastal property management. It was determined that the fauce handle was broken and that water was leaking out from under the faucet when turned on. The faucet could not be repaired, but had to be replaced. It took nine days to coordinated with you to get in to do the repair and on August 16th, 2013, the faucet was replaced was replaced and the leak stopped at a cost of $146 to the owner.
A further assessment of the water damage by handyman christ ownes of Coastal property management determined that this slow leak had in fact been ongoing for quite some time and that water had been running down the wall, under the floor, and had wicked up behind seral cabinets under the kitchen sin. There was mold all over the wood and back of the wall.
Due to the extent of the damage, we had to contract a licensed contractor,Steve Livingston, owner of Double Duece Enterprise to assess the repairs and remediation of this now much large problem. His assessment was that this is worst case secenario and that the sink, counters and walls, insulation as well as some of the flooring will need to be removed and replaced to remediate the water damage and mold. This water leak acccording to Steve Livingston has been ongoing for many months and could have easily been fixed and the extensive damage avoided if it was reported when it originally occurred. Sine the leak was allowed to go on rereported, the ocst to repair all the damage it created is now $2800.
Under the statues of the Oregon Landlord tennant law, tenants are responible for the proper care of the homes they are renting and are required to report all water leaks immediately to an owner or agent so that these problems can be quickly resolved and remediated with minimal cost.
Your failure to immediately report the water leak is considered negligence and under Oregon Law makes you fully reposnible for the $2800 cost of the repaires and remediation.
You may at your own discretion hire and contact out a different licensed contractor to make this repair provided the work is inspected along the way to ensure that all of the water damage and mold have been eliminated and are no longer an issue.
If the owner ends up paying for this repair that is techinically your responsibility, he has recourse to file in small claims and utilize collections as well as charge and recoup all legal fees associated with doing so.
Your sixty day notice to vacate states that you will need to vacate this address no later than october 31st, 2013. Because of the severity and type of the problem, the damage and mold created by the water leak will continue to get worse over time. If you have not made arrangements to address this problem with coastal property management, Double Deuce or another contractor, by the time you vacate, the remediation by Double Deuce will commence immediatly after you have vacated the premise.
Attached is a copy of the contract for the repairs by Steve Livingston. If you accept the terms, you may contact Steve Livingston directly and sign and return the contract to him.
{snip}
Yes, you were given legal notice to be out by Oct 31st as your month-to-month is lease being terminated. Yes, they can do this.
You'd better find another place to live as soon as possible - having kids is no excuse to delay. It sounds like they gave you 60 days notice in late August, so you've already wasted a month. It you keep delaying, you really will end up homeless!
As for the leak, there's extensive damage and mold. You're mistaken when you state it's an easy fix with "glue". They've had a contractor look at it; the damaged is listed in detail in the letter. The fact that you needed 9 days to let the repairman in is more evidence that you were not taking the leak seriously.
Per the letter, you have the right to hire your own contractor. I recommend you do that if you think you're being overcharged with the $2,800 repair estimate. Be proactive and do it soon.
Last edited by LOL_Whut; 09-29-2013 at 12:07 PM..
Reason: typo
You waited until someone happened to be in your unit inspecting something else (fire alarms?) before saying anything about the leak. Why didn't you pick up the phone and call your landlord or property manager?
It was your responsibility to notify them, but you didn't even make a phone call. That's not going to look good for you in court if they sue you...and their letter indicates they will sue if you don't fix the damage.
Hang on. The OP told them in July about the leak. And their repairmen said it looked fine. Then he told them again in August that it was worse.
When did you first notice the leak, OP? Right before you told the guy in July? If so, this isn't your fault, in my opinion. You don't have to report a leak you don't know about. If it's leaking under the sink where you can't see it, and you don't look under your sink every day, it's not your fault if you don't know about it.
I think the property management company is trying to save their own rear end. They are liable for the damage, in my opinion, because their first maintenance guy said everything was fine. They don't want to have to pay for it, so they're going to try and make you pay for it. This is also why they're trying to say nobody looked at it in July.
And as far as taking 9 days to let them in, I don't know the details, but all that damage didn't happen in 9 days.
It's unclear if you gave 60 days notice to move, or if the landlord did. Either way, you don't have to move until October 31st. And you don't have to hire a contractor in the meantime. You don't have to pay for anything right now.
What you should do, though, is talk to a lawyer. Call the Oregon Bar Association for a lawyer referral. See if they can find you a landlord/tenant law lawyer who speaks your native language. They can find you a lawyer that will talk to you for only $35 for 30 minutes. They may even be able to get you a lawyer that will help you for free.
When they ask you about your case, this is what I'd tell them:
The LL wants to charge you for major repair work due to a leak under the sink.
You first noticed the leak in July and notified their repairman at that time, who looked at it and said it was fine.
You then notified the LL again in August that the leak was worse.
And now they are trying to say you are responsible for the damage, and you disagree.
I think you will win this case. Get help from a lawyer, though. In the meantime, I wouldn't talk to the LL about it. If they ask, say you are getting legal advice and you will have your lawyer talk to them. Then just move out and follow the lawyer's advice.
Good luck to you!
Last edited by NoMoreSnowForMe; 09-29-2013 at 12:45 PM..
No, what the OP told them in July was that the FAUCET was leaking. The leak then got worse (the OP put a bowl under the sink) but failed to report the leak to the property manager. A leaking faucet and leaking sink/pipe are two totally different things.
How the OP could claim they didn't know about that much damage is beyond me..the smell alone I'm sure was horrid.
No, what the OP told them in July was that the FAUCET was leaking. The leak then got worse (the OP put a bowl under the sink) but failed to report the leak to the property manager. A leaking faucet and leaking sink/pipe are two totally different things.
How the OP could claim they didn't know about that much damage is beyond me..the smell alone I'm sure was horrid.
Plus the landlord is denying that the July conversation ever happened and OP has no proof.
But there is no doubt that OP never picked up a phone and called in the problem to the property manager. OP herself says she never told anyone but some random guy who came over to inspect the fire alarms in July. No phone calls, no letters, no notes dropped off with the August rent check...
Then she waited until another random inspection in August to say something, at which point she had a full bowl of water under the sink and massive damage to the wall, cabinets and flooring. Not to mention visible mold and a buckling wall!
I wouldn't want to be in OP's shoes if this goes to court. She's got a tough road if she's going to try to claim she took responsibility as required under Oregon tennant law (per the letter).
OP: There are really three issues you're facing right now, and the first two are time-critical.
1) You have to move out by Oct 31st
2) You have the opportunity to get a quote from your own contractor before you move out (Oct 31st).
3) You may or may not be responsible for reimbursing the landlords for the repairs.
If I were you, I'd concentrate on #1 & #2 right now. You only have a month to find a new place to live. Also, if you don't get a quote from your own contractor now, you'll lose that option because the landlord will proceed with their own contractor. Their letter made that clear.
As for #3, that's an important issue but not one that needs to be settled in the next few weeks. Once you get your own contractor quote, you'll be able to figure out if it's worth hiring a lawyer or not.
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She's got a tough road if she's going to try to claim she took responsibility as required under Oregon tennant law (per the letter).
