posted
My tub stays backed up regardless of the maintenance guy's use of the snake and the acid and everything. Nothing worked which makes me assume that the problem is farther down in the system. Since the tub fills up and stays filled for a hour after the shower, there's a good chance stuff from other people's pipes are backing up into my tub while I'm showering, which is very unsanitary.
Is this a legal reason to end my lease without being in the wrong? Would I need a lawyer to defend this?
Posts: 6367 | Registered: Aug 2003
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posted
Keep a log, expecially about accumulation when you haven't been using it. Check your lease. On a show I saw recently, you have to inform the owner in writing (certified receipt) and in the example he had ten days to remedy or the tenant didn't owe rent. Or it may not be in the lease. Does your community have some kind of tenants rights group?
Posts: 11017 | Registered: Apr 2003
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posted
I'm not a lawyer, but the answer very much depends on which state and city you live in and how many units are in your building. If you're in an apartment building, then going to your local housing authority is the best place to start. If you're in a townhouse, condminimum, single-family home, or other individual type residence, you should still start there but are likely to have to go elsewhere.
Tenants usually have some mix of the following remedies when a defect makes the dwelling uninhabitable (sewage issues almost always count):
1.) Repair it yourself and deduct the cost from the rent.
2.) Withhold rent until it's fixed. You would have to provide notice, and some states require paying the rent into an escrow account. You would have to pay all back rent once it's fixed.
3.) Termination of the lease. This one is obvious.
However, you must act in accordance with the terms of your lease and state law. If you withhold rent and you don't have the right to, the consequences could be very bad. If you repair and don't have the right to do so, you'll be stuck with the cost. Termination without the right could make you liable for all remaining rent. So you must check with the housing authority and possibly a lawyer.
If you do go to the authority, you may be protected from retaliatory rent increases or eviction.
posted
Speaking of which, neither snake nor Drano has helped my problem, either. I need to call my landlord today.
Posts: 9945 | Registered: Sep 2002
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posted
One of the key things is whether the problem makes your situation unliveable. Maybe Belle can say whether water from other apartments will backup into yours.
Posts: 4625 | Registered: Jul 2002
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