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Old 09-29-2013, 03:45 PM
 
16,376 posts, read 22,486,570 times
Reputation: 14398

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Quote:
Originally Posted by Kim in FL View Post
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.
The faucet leak is the only leak. It is what caused the damage. There was not leaking sink/pipe.

OP reported it in July to property mgt which was at the house in July. The prop mgr in July turned on/off faucet and said it was OK. This, IMO, is something the property mgt firm is trying to deny. In their letter they said the only notice tenant gave of leak was in August. But tenant said he told the first time in July and the guy said it was nothing. then they came again in August and he reported it a 2nd time. Then they took notice.

I think the tenant should speak with a real estate attorney. Tenant: is the guy that you spoke to in July the same guy that came out in August? Do you have his name? If you can remember the exact date in July that would be good. See if there is any news show going on or any other event at same time that you help you remember the exact date in July. I think you told them in July and they are trying to deny this and charge you. THEIR guy is at fault for saying it was OK in July when you told him the 1st time.
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Old 09-29-2013, 03:53 PM
 
10,746 posts, read 26,022,258 times
Reputation: 16033
Quote:
Originally Posted by sware2cod View Post
The faucet leak is the only leak. It is what caused the damage. There was not leaking sink/pipe.

Hi, My lease contract was expire 1 years ago, but I am still renting the house monthly by monthly, I am paying the same amount of money for the rent. Since the contract expired, and I didn't renew the contract, am I suspose still response and pay for the landscape mainten that the Lessee hired someone do the landscape mainten. And the kitchen sink was linking water, cause the wall damage, after I told Lessee to fix it, some one come to estamate it, and cost $3000 to fix it. Lessee said is my reponsibility to pay for the fix fee, because I didn't report to the Lessee sooner. Right now, Lessee wants me vacate the house in couple day. Is this all right ? Is this all my fault? I need sugesstion how to handle this. I really need help!!!!


This is their first post of this thread, it clearly says 'kitchen sink'. It wasn't until a few posts later they mentioned it was the faucet.

I still find it very hard to believe that the OP had that much damage under their sink and didn't know a thing about it.
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Old 09-29-2013, 05:20 PM
 
Location: Silicon Valley
18,813 posts, read 32,505,733 times
Reputation: 38576
I think it's a language thing...sink/faucet.

And a lot of tenants are afraid to irritate the landlord. He says, by the way the sink's leaking, and the management company guy says it's fine, some tenants, and if I may be so bold, from other countries/cultures, aren't going to want to rock the boat. I have a few tenants from a particular culture, and they are all the same. We make sure to do twice yearly inspections, because they will never complain. I think they fear the rent will be raised. Not entirely sure. And I'm talking about a heater that hadn't worked for months...in the middle of winter...even that type of thing. He just went and bought a space heater instead of using the nice, toasty gas wall heater (more expensive to run in our utilities included apartments, too!).

I see your point, and how it could be otherwise, though. Time will tell.
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Old 09-29-2013, 09:56 PM
 
9 posts, read 13,672 times
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Well, it looks like I have no choice now. I will try to talk to the coast property management on Monday. It was not the pile leak water, it was every time when the faucet on, water was leak out from the faucet. I told the agency during the inspection, it was minor problem. They don't pay attention on it. When the problem become big, now is my fault. And they takes 9 days to fix it, that is not my fault, I told them come to fix it anytime they want. I did't receive any call, any notice until August 16th. On august 16th, I do receive a call from the guy who come to fix the faucet. I was let him in immediately. They take 9 days for the person come in to fix it, now they push all the responsibility to me.
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Old 09-30-2013, 03:04 AM
 
10,746 posts, read 26,022,258 times
Reputation: 16033
Quote:
Originally Posted by fvw3000k View Post
Well, it looks like I have no choice now. I will try to talk to the coast property management on Monday. It was not the pile leak water, it was every time when the faucet on, water was leak out from the faucet. I told the agency during the inspection, it was minor problem. They don't pay attention on it. When the problem become big, now is my fault. And they takes 9 days to fix it, that is not my fault, I told them come to fix it anytime they want. I did't receive any call, any notice until August 16th. On august 16th, I do receive a call from the guy who come to fix the faucet. I was let him in immediately. They take 9 days for the person come in to fix it, now they push all the responsibility to me.

So they're lying when they say you delayed them 9 days?

Can you explain to me how you had that much damage under your kitchen sink and you didn't know about it?

If this makes it to court, the judge is going to ask you that very same question. I hope you have a good answer.
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Old 09-30-2013, 11:38 AM
 
9 posts, read 13,672 times
Reputation: 10
I didn't see any obviouse damage under kitchen sink, it was have a little rough on the wall. The sink is metal, can't be damage, the only reason cause the wall damage is the faucet leak water and water goes into the wall. even that, the wall just have little rough only, not broken wall.
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Old 09-30-2013, 01:31 PM
 
Location: Austin, TX
16,787 posts, read 49,068,148 times
Reputation: 9478
Quote:
Originally Posted by NoMoreSnowForMe View Post
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.

Welcome to the Oregon State Bar Online

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!
This is good advice, fvw3000k you should take it.
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Old 09-30-2013, 01:39 PM
 
Location: Silicon Valley
18,813 posts, read 32,505,733 times
Reputation: 38576
Quote:
Originally Posted by fvw3000k View Post
Well, it looks like I have no choice now. I will try to talk to the coast property management on Monday. It was not the pile leak water, it was every time when the faucet on, water was leak out from the faucet. I told the agency during the inspection, it was minor problem. They don't pay attention on it. When the problem become big, now is my fault. And they takes 9 days to fix it, that is not my fault, I told them come to fix it anytime they want. I did't receive any call, any notice until August 16th. On august 16th, I do receive a call from the guy who come to fix the faucet. I was let him in immediately. They take 9 days for the person come in to fix it, now they push all the responsibility to me.
I really wouldn't talk to the management company any more. Call the Oregon bar lawyer referral.

Tell them what I said before and also add that you did not delay them the 9 days, either, that that is also untrue.

Get a lawyer, and then tell the management company to only talk to your lawyer.
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