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Old 09-02-2021, 09:45 AM
 
3 posts, read 3,126 times
Reputation: 10

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Hello all,


I would appreciate if someone provides any information useful for solving the following issue.


My landlord failed to disclose in the lease agreement that the basement floods. The landlord only disclosed that the basement may flood in a specific area but only after signing the lease and verbally, at the time he handed us the keys. The reality is that the flooding is generalized all over the basement and therefore not only the basement itself is unusable for storage but also a second bathroom located in the basement is starting to rot since water soaked its cast walls.



Also due to the flood, the water heater, the AC unit, the laundry washer and the laundry dryer are all affected by a substantial amount of water. This may generate at some point a malfunction or even an accident. Also the base of the stair is drenched in water, and this not only generates mold but also it may rot.


I am also concerned about mold or any other health implications, in particular because we have a 6yo.



FYI, the basement is unfinished and it was advertised as part of the features of the house as having "plenty of storage space".



As far as I know, NJ laws requires landlords to disclose any flooding problems in the lease. Is this correct? Where can I find official information/law regarding this?



What options do I have? Due to the market and my job situation is not easy for us to move right away but wait some time.



Thanks.
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Old 09-02-2021, 10:13 AM
 
106,591 posts, read 108,739,314 times
Reputation: 80066
“Under New Jersey law, landlords must disclose specific information to tenants (usually in the lease or rental agreement). ... If the rental is in a flood zone or area (does not apply to properties containing two or fewer dwelling units, or to owner-occupied properties of three or fewer units).”

Is the rental in a flood zone ? Is it a one or two family ?

If he had an issue in a part previously and disclosed it he isn’t going to be held accountable because an act of god was worse then ever experienced.

Anytime you live in a flood zone those are the risks …
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Old 09-02-2021, 11:33 AM
 
Location: Phoenix, AZ
6,340 posts, read 4,894,516 times
Reputation: 17999
Patanta, your options are going to be addressed in New Jersey's landlord-tenant statutes which are 46:8-1 through 46:8-51 at:

https://law.justia.com/codes/new-jersey/2020/title-46/

You'll have to scroll down some to get to them and then read them thoroughly and carefully to find landlord obligations and habitability issues.

Unfortunately, if you aren't willing to move, your options are limited.

Try calling the city building code department or department of health to report the conditions.
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Old 09-02-2021, 12:06 PM
 
3 posts, read 3,126 times
Reputation: 10
Quote:
Originally Posted by mathjak107 View Post
“Under New Jersey law, landlords must disclose specific information to tenants (usually in the lease or rental agreement). ... If the rental is in a flood zone or area (does not apply to properties containing two or fewer dwelling units, or to owner-occupied properties of three or fewer units).”

Is the rental in a flood zone ? Is it a one or two family ?

If he had an issue in a part previously and disclosed it he isn’t going to be held accountable because an act of god was worse then ever experienced.

Anytime you live in a flood zone those are the risks …

Thanks for your response.


According to https://floodfactor.com we are not in a flood zone.


It is a one family home.


The landlord disclosed it verbally AFTER signing the lease.
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Old 09-02-2021, 12:32 PM
 
3 posts, read 3,126 times
Reputation: 10
Quote:
Originally Posted by adjusterjack View Post
Patanta, your options are going to be addressed in New Jersey's landlord-tenant statutes which are 46:8-1 through 46:8-51 at:

https://law.justia.com/codes/new-jersey/2020/title-46/

You'll have to scroll down some to get to them and then read them thoroughly and carefully to find landlord obligations and habitability issues.

Unfortunately, if you aren't willing to move, your options are limited.

Try calling the city building code department or department of health to report the conditions.

Thanks for your response.
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Old 09-02-2021, 12:58 PM
 
Location: North Idaho
32,636 posts, read 47,986,069 times
Reputation: 78368
Have you checked to make sure the sump pump is working properly? It sounds like it stopped working.


Have you notified your landlord that the sump pump is not working?


For your future information, all basements tend to be damp and if you use them for storage, don't put anything directly on the floor and leave air circulating room between your stuff and the walls.


In the meantime, get your sump pump fixed. If the sump stops and the basement floods and remains flooded and you do nothing and don't report it and allow the repairman in, you might be held responsible for the water damage.
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Old 09-02-2021, 05:01 PM
 
8,575 posts, read 12,398,483 times
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Quote:
Originally Posted by oregonwoodsmoke View Post
Have you checked to make sure the sump pump is working properly? It sounds like it stopped working.


Have you notified your landlord that the sump pump is not working?


For your future information, all basements tend to be damp and if you use them for storage, don't put anything directly on the floor and leave air circulating room between your stuff and the walls.


In the meantime, get your sump pump fixed. If the sump stops and the basement floods and remains flooded and you do nothing and don't report it and allow the repairman in, you might be held responsible for the water damage.
You're assuming that there is a sump pump in the basement. Lots of basements don't have sump pumps. In all of the houses that I have owned, none of them had sump pumps.
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Old 09-03-2021, 09:05 AM
 
9,850 posts, read 7,716,018 times
Reputation: 24480
I have stopped basement flooding in two houses with this simple fix. Go around the outside of the house and slope the dirt next to the house so water runs away from the house and into the yard. Make sure the gutters are sending the water away from the house. You can get extenders if the gutters let water pool too close to the house. Pay special attention to that area that he said was a trouble spot.

In extremely heavy rains you may still get water. We kept everything up on shelves and had the washer dryer up on a 6" platform.
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Old 09-04-2021, 12:26 AM
 
5,989 posts, read 6,775,839 times
Reputation: 18486
Due to the remnants of a hurricane, you just had an extraordinary rain event in NJ, the likes of which has never been seen in recorded history. You got water in the basement. So did many people in the Northeast - some so much that they drowned in their basement apartments!

Notify the landlord. HE may need to engage a service to dry and seal the basement. The future functioning of the mechanicals are HIS problem, not yours. He'll have to repair or replace them if they break, or you can then break the lease and move out if there's non-functioning mechanicals.

Meanwhile, get cheap or free pallets or shelves (you can often find such things on FB for free) and store your stuff off the basement floor. Make plans to not stay for longer than your year long lease.
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Old 09-04-2021, 12:07 PM
 
Location: On the Chesapeake
45,337 posts, read 60,512,994 times
Reputation: 60918
Quote:
Originally Posted by patanta View Post
Thanks for your response.


According to https://floodfactor.com we are not in a flood zone.


It is a one family home.


The landlord disclosed it verbally AFTER signing the lease.
What do the FEMA maps show? Those are official and are used to set insurance rates and building codes while Flood Factor has been known to not always show flood risk.

https://help.floodfactor.com/hc/en-u...r-my-property-

https://www.fema.gov/flood-maps

Also, as already stated, you had a massive rain event which likely flooded basements that never had a drop of water in them before.
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