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nice...just got a response from my LL...here it is.
"How are you doing ? I mailed you a copy of the lease agreement last week.
Also I spoke with my attorney. His advice was that If you wanted me to get a plumber to prove to you that there is too much fall in the pipes . To get one Have you sign a agreement stating that If there is not too much fall in the pipes Then you would not only be responsible for the clog you had but also responsible to pay another plumber too prove to you that there is not too much fall. I do not need to prove it to me , I already know there is not too much fall. So I called a few more plumbers to ask what the cost would be to go out and put a camera in the drain and do the calculations. The cheapest one I found was $799.00 . So If you would like for one to come out I will send one . But, When the plumber tells us that the pipes dont have to much fall then you can write him out the check for $799.00 . If he says there is too much fall I will write him a check. So the choice is yours. In the lease agreement it clearly states that Lessee is responsible to keep all plumbing Clear and in good working order for himself , his family , and all guests. Im sorry this would even have to come to this . But it is all in black in white in the signed agreement. Let me know .
nice...just got a response from my LL...here it is.
After stumbling through all the grammatical errors I think I got the gist of it.
One very relevant point is, "In the lease agreement it clearly states that Lessee is responsible to keep all plumbing Clear and in good working order for himself , his family , and all guests."
The bottom line is that, as you've said before, the plumber you brought in THINKS that the pipes have too much fall but he's not going to put his reputation on the line by swearing to it. That's not good for you if you end up in court over this as the LL has already told you that he consulted with two other plumbers who disagreed with this opinion.
Personally I don't think you're going to win this one. You went ahead and called in a plumber before giving the LL adequate time to address the problem and I don't see how you can prove beyond a reasonable doubt that the sewage backup was due to a structural problem and not through some fault of your own as covered in your lease agreement.
Do what you think you should do but all the time and trouble involved in fighting this on the shaky "evidence" of a plumber who's not going to say exactly what you want to hear is probably not worth it. Good luck!
After stumbling through all the grammatical errors I think I got the gist of it.
One very relevant point is, "In the lease agreement it clearly states that Lessee is responsible to keep all plumbing Clear and in good working order for himself , his family , and all guests."
The bottom line is that, as you've said before, the plumber you brought in THINKS that the pipes have too much fall but he's not going to put his reputation on the line by swearing to it. That's not good for you if you end up in court over this as the LL has already told you that he consulted with two other plumbers who disagreed with this opinion.
Personally I don't think you're going to win this one. You went ahead and called in a plumber before giving the LL adequate time to address the problem and I don't see how you can prove beyond a reasonable doubt that the sewage backup was due to a structural problem and not through some fault of your own as covered in your lease agreement.
Do what you think you should do but all the time and trouble involved in fighting this on the shaky "evidence" of a plumber who's not going to say exactly what you want to hear is probably not worth it. Good luck!
i called the LL first! he said it was my responsibility. that's when i tried the plunger and closet auger...only after those failed, is when i called the plumber.
the plumber wrote what he thought was the problem on the bill...that's my proof, right? it's now up to my LL to prove otherwise.
so, what would happen if i deduct the expense from April's rent, then advise the LL that i'm moving out May 1st, May being the last month on my contract, and he can keep my deposit for last months rent. if he chooses to evict me, would May 1st be adequate time for me to be out??
i called the LL first! he said it was my responsibility. that's when i tried the plunger and closet auger...only after those failed, is when i called the plumber.
the plumber wrote what he thought was the problem on the bill...that's my proof, right? it's now up to my LL to prove otherwise.
so, what would happen if i deduct the expense from April's rent, then advise the LL that i'm moving out May 1st, May being the last month on my contract, and he can keep my deposit for last months rent. if he chooses to evict me, would May 1st be adequate time for me to be out??
He wrote what he thought was the problem but there's no firm proof to back up his opinion. You know what they say about opinions ...
Anyway, if you deduct the bill from April's rent and move out by May 1st then the LL is hardly going to go to the trouble of evicting you as he'll have your security deposit to cover the disputed plumbing bill. So essentially you end up paying it anyway!
How does your lease address the deposit? Does it specify that it can or cannot be used as the last month's rent? How about the applicable laws in your state - do they address this? (Usually, the deposit may NOT be used as the last month's rent and you would still owe the rent; the landlord would be required to return the deposit minus any damages, which he would have to show evidence of, within a certain number of days, all of which varies by state.)
The deposit is not intended to be rent, but a surety against damages above ordinary wear and tear that the tenant causes that are discovered upon the tenant moving out. Deposit and rent are two very different things.
He wrote what he thought was the problem but there's no firm proof to back up his opinion. You know what they say about opinions ...
Anyway, if you deduct the bill from April's rent and move out by May 1st then the LL is hardly going to go to the trouble of evicting you as he'll have your security deposit to cover the disputed plumbing bill. So essentially you end up paying it anyway!
so, are you saying they will call the plumber in to give testimony??
also, you misunderstood me...i have april and may's rent payments left, what i planned on doing was deducting the expense from April rent payment, and telling him to keep the security deposit for May's rent payment...
after some thought though, i think i'll reach out to the LL one more time...i plan on sending him an email, telling him i'm not mad at him, or think he's a bad person...essentially telling him that this is a simple disagreement in who we believe is at fault here. then, asking if he would be willing to half the bill, and settling this disagreement outside of going through an eviction or legal battle.
i would also let him know if he decided not to half the bill, then i would send April's Rent with the Plumbing Expense deducted, putting the ball in his hands to handle it as he wishes. I don't need another plumber to come in to make my case, and I plan on leaving May 1st regardless.
How does your lease address the deposit? Does it specify that it can or cannot be used as the last month's rent? How about the applicable laws in your state - do they address this? (Usually, the deposit may NOT be used as the last month's rent and you would still owe the rent; the landlord would be required to return the deposit minus any damages, which he would have to show evidence of, within a certain number of days, all of which varies by state.)
The deposit is not intended to be rent, but a surety against damages above ordinary wear and tear that the tenant causes that are discovered upon the tenant moving out. Deposit and rent are two very different things.
as soon as i get my hands on the Lease, i'll let you know...but i've heard of security deposit's being handled this way before.
I've heard of tenants deciding to do this before, but that didn't make it legal, and they found themselves legally liable for both the deposit AND the last month's rent. That's why I asked what the pertinent laws were in your state, and how the lease contract (because it IS a legally binding contract) addresses the issue. That's what's going to provide the ultimate answer to your question of "What if I do this?"
I've heard of tenants deciding to do this before, but that didn't make it legal, and they found themselves legally liable for both the deposit AND the last month's rent. That's why I asked what the pertinent laws were in your state, and how the lease contract (because it IS a legally binding contract) addresses the issue. That's what's going to provide the ultimate answer to your question of "What if I do this?"
okay...thanks for the info, i'll report back when i get the lease in my hands!
IF it ever got to court then of course the plumber could be called to give evidence but I just don't think this is going to happen. I didn't misunderstand where your rental payments are concerned and although TexasHorseLady is correct about a security deposit being separate from rent payments, I just don't think the LL is going to chase after you if you give him 30 days notice and let him keep the security deposit. We're not talking mega $$$s here - a measly $470.
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