This is in regards to a situation about a sewage backup in our apartment. We moved into our apartment Oct 31, and since then, we’ve had a sewage backup THREE times. The sewage leaks out of the back closet into tha hallway, bathroom, and bedroom. Our management company sends people out to clean it and replace the carpet everytime, usually taking up to 4 days to finish each episode, making it not only inconvenient for us, but a health hazard (am I correct here??). I am pregnant too, so slopping around in a hallway saturated by raw sewage is making me very nervous. We even had to stay at a motel for 2 nights last week.
So this is my issue… we emailed the landlord stating that we want to break our lease, as this is a major health violation, and causing more problems than we can possibly handle. They are not fixing the problem, and it keeps recurring. He backlashed stating that he would sue us if we try to leaft, and even had the audicity to say we were causing these plumbing problems on PURPOSE to try to get out of our lease(by saying we were flushing large objects down the toilet). Obviously, this landlord (who owns hundreds of apartment, has a lot of money and clout) is not working with a full deck… or is he? Do we, as tenants, have any freaking rights here to protect ourselves?
Without hiring a lawyer and spening lots of time and money, what kind of rights do us lowly tenants have against this Nazi??
First off, tone down the rhetoric. Threatening to sue you if you move out is in no way the moral equivalent to Dachau.
Secondly, no attorney in their right mind is going to give you legal advice on a specific case or set of facts. You should also not rely on advice given you on an anonymous message board in making legal decisions.
You should try to locate a tenant resource center in your city. If you have a college or university it will probably have one or be able to direct you to one. Go in and take copies of everything, including the email exchange between you and the landlord. See what they tell you about your rights in this matter. If it comes to needing a lawyer, the TRC or your state bar association will be helpful in giving you some names.
In future do not communicate with your landlord via email. Write a letter on paper and keep copies of everything for yourself.
As is noted in threads such as this, tenancy law varies tremendously depending on where you live.
The best places for you to check are your state and local government web sites, or the reference section of your local library, and look up the sections on tenancy / rental law. That’s where your rights are spelled out.
Also check your lease and see what it says. There should be something in there that outlines the landlord’s obligations.
Plus, when you signed the lease, you might have received a paper that outlined tenants’ rights and government contact phone numbers. Check your rental file.
Document everything like there’s no tomorrow. Write down exactly what happened, when it happened, what the impact on you was, etc. Keep all receipts. Photos are a plus, too. Also keep a copy of all correspondence with the landlord. (IMO, don’t use email at this point. Use real mail, certified, return receipt.) Assume you will have to provide hard evidence to support every statement you make in court – this way, you might convince the landlord’s lawyers that they don’t have a leg to stand on.
IANAL, YMMV, For real legal advice please see a lawyer in your jurisdiction, etc.
Yikes! Ok, maybe it was a mistake to post this on the SD… just wanted some opinions… I have done tons of research about this, so I’m not completely oblivious here.
The problem with asking for advise here is that landlord/tenant laws can vary a great deal from one location to the next. While a poster here may be able to give you good advise on the laws in their region, that advise may be invalid in your region. Even though I personally think what you’re going through is terrible (not to mention a health hazard) and is grounds for breaking your lease, doing so could potentially get you into some serious legal trouble depending on your local laws.
Contacting your local tenant right’s organisation or a lawyer in your area really is the best way to find out your legal rights in this case.