Landlord not repairing Electrical Problems

[justalayman]

Again though HOW did she inform the LL? It is not his fault if she did not inform the LL properly according to the terms of their lease/LL law. And it is realistic to take precautions. The law will want to see that she did everything in her power to prevent the damage. She did not.

I do not know the legal requirements of notification involved here but based on the timeline, there possibly was not enough time to notify by mail. While the tenant probably should have followed up with a crrr letter, the timeline made this a moot point.

This would be the same type of situation as if the electricity had been totally off or if there were an urgent plumbing or building safety issue. While the OP may have been required to notify by mail BUT because of the type of situation, the LL was responsible to respond to the phone call.

Now since I am actually an electrician (yes, you all finally know what this smart a** does for a living), let me say this: the average citizen may very well not realize what was happening and see no reason to unplug anything. The effects are often transient and somewhat undiagnosable without electrical knowledge.
There are situations where the utility company has problems that would produce very similar, if not identical, effects.

Without knowing exactly what was happening, it is impossible to say the OP should have attempted mitigation efforts. The only evidence of a problem I have seen noted here is that the microwave oven was "dragging and dimming". I have had one go bad that sounds like it was doing the same thing. I definately wouldn't have turned off my electricity because of that. So without any other info and knowing that the LL does acknowledge the phone call, I tend to lean to the tenants side here.

to acmb05: if the LL was willing to pay the time (ot if neccessary) I can assure he would have been able to find some electrician to respond that day.
It is basically how serious the LL percieved the situation to be that casued the issue at hand.

 

[acmb05]

I do not know the legal requirements of notification involved here but based on the timeline, there possibly was not enough time to notify by mail. While the tenant probably should have followed up with a crrr letter, the timeline made this a moot point.

This would be the same type of situation as if the electricity had been totally off or if there were an urgent plumbing or building safety issue. While the OP may have been required to notify by mail BUT because of the type of situation, the LL was responsible to respond to the phone call.

Now since I am actually an electrician (yes, you all finally know what this smart a** does for a living), let me say this: the average citizen may very well not realize what was happening and see no reason to unplug anything. The effects are often transient and somewhat undiagnosable without electrical knowledge.
There are situations where the utility company has problems that would produce very similar, if not identical, effects.

Without knowing exactly what was happening, it is impossible to say the OP should have attempted mitigation efforts. The only evidence of a problem I have seen noted here is that the microwave oven was "dragging and dimming". I have had one go bad that sounds like it was doing the same thing. I definately wouldn't have turned off my electricity because of that. So without any other info and knowing that the LL does acknowledge the phone call, I tend to lean to the tenants side here.

to acmb05: if the LL was willing to pay the time (ot if neccessary) I can assure he would have been able to find some electrician to respond that day.
It is basically how serious the LL percieved the situation to be that casued the issue at hand.

Very true, however as the tenant stated it seems he only called the landlord the one time and then did not follow up which tends to make most people beleive it was not urgent.

 

[acmb05]

I know I should have obtained renters insurance which I now have but even my agent told me although he would have paid my claim the insurance company would have taken the Landlord to court for not responding to my problem.

Which would have prevented all the crap you are going thru now as once your claim was taken care of as the insurance guy told you then you would have been out of it and had new stuff to replace the damaged items.

 

[justalayman]

Very true, however as the tenant stated it seems he only called the landlord the one time and then did not follow up which tends to make most people beleive it was not urgent.

I can accept that.

If I were the OP, I think I would still take my shot in court. Who knows for sure what the judge will decide.

 

[seniorjudge]

I do not know the legal requirements of notification involved here but based on the timeline, there possibly was not enough time to notify by mail. While the tenant probably should have followed up with a crrr letter, the timeline made this a moot point.

This would be the same type of situation as if the electricity had been totally off or if there were an urgent plumbing or building safety issue. While the OP may have been required to notify by mail BUT because of the type of situation, the LL was responsible to respond to the phone call.

Now since I am actually an electrician (yes, you all finally know what this smart a** does for a living), let me say this: the average citizen may very well not realize what was happening and see no reason to unplug anything. The effects are often transient and somewhat undiagnosable without electrical knowledge.
There are situations where the utility company has problems that would produce very similar, if not identical, effects.

Without knowing exactly what was happening, it is impossible to say the OP should have attempted mitigation efforts. The only evidence of a problem I have seen noted here is that the microwave oven was "dragging and dimming". I have had one go bad that sounds like it was doing the same thing. I definately wouldn't have turned off my electricity because of that. So without any other info and knowing that the LL does acknowledge the phone call, I tend to lean to the tenants side here.

to acmb05: if the LL was willing to pay the time (ot if neccessary) I can assure he would have been able to find some electrician to respond that day.
It is basically how serious the LL percieved the situation to be that casued the issue at hand.

There are situations where the utility company has problems that would produce very similar, if not identical, effects.


My point exactly. OP has a very thin case here. If everything was done to code, the judge will be hard pressed to make the landlord pay for a spike.

 

[justalayman]

There are situations where the utility company has problems that would produce very similar, if not identical, effects.


My point exactly. OP has a very thin case here. If everything was done to code, the judge will be hard pressed to make the landlord pay for a spike.

Well OP has already paid the filing fee. She might as well give it a shot. The worst the judge will do is deny the claim. The best is a $2000 win for the OP.

Now I don't know how the OP determined a $2000 value but in todays world, used computers are pretty much give-away items. Unless these computers are relatively new and/or have irretrievable/irreplaceable info on them, $2000 may be a stretch.

 

[ENASNI]

I am sorry, does nobody else see a little girl with her hands on her hips with her bottom lip sticking out stomping her right (or is it her left?) foot???

Come on!!!! I did not say that she needed to unplug all of her gosh-darned appliances, I just thought if she had some thousands of dollars of hard-ware I would think she would think twice/ thwice or whatever fourtimes is in wices' is....I asked her to look at the LOGICAL SIDE in my post. Not anything else and she came on here an POUTED... Pouted.. then she made ME Pout. I hate to pout. I hate it I hate it I HATE IT.

SHEESH..... Holy moly and his cousin crimoly and AY YI YI.. now I am gonna go snuggle with me doggie and a garden gnome and the rest of you can go enjoy your day.

Sheesh sheesh sheesh and to hell with you IAAL.( just had put that in )

 

[madjaxem]

Well OP has already paid the filing fee. She might as well give it a shot. The worst the judge will do is deny the claim. The best is a $2000 win for the OP.

Now I don't know how the OP determined a $2000 value but in todays world, used computers are pretty much give-away items. Unless these computers are relatively new and/or have irretrievable/irreplaceable info on them, $2000 may be a stretch.

I didn't just lose my computers. One computer was new the other a bit older. We had those repaired at a little over 200 dollars each. We also lost a brand new treadmill, two new DVD players, three televisions ect. We hired an electronics guy to come into our house and estimate the damages and repair if worth it. The total for the repairs and replace minus depreciation was taken into consideration.

 

[madjaxem]

I do not know the legal requirements of notification involved here but based on the timeline, there possibly was not enough time to notify by mail. While the tenant probably should have followed up with a crrr letter, the timeline made this a moot point.

This would be the same type of situation as if the electricity had been totally off or if there were an urgent plumbing or building safety issue. While the OP may have been required to notify by mail BUT because of the type of situation, the LL was responsible to respond to the phone call.

Now since I am actually an electrician (yes, you all finally know what this smart a** does for a living), let me say this: the average citizen may very well not realize what was happening and see no reason to unplug anything. The effects are often transient and somewhat undiagnosable without electrical knowledge.
There are situations where the utility company has problems that would produce very similar, if not identical, effects.

Without knowing exactly what was happening, it is impossible to say the OP should have attempted mitigation efforts. The only evidence of a problem I have seen noted here is that the microwave oven was "dragging and dimming". I have had one go bad that sounds like it was doing the same thing. I definately wouldn't have turned off my electricity because of that. So without any other info and knowing that the LL does acknowledge the phone call, I tend to lean to the tenants side here.

to acmb05: if the LL was willing to pay the time (ot if neccessary) I can assure he would have been able to find some electrician to respond that day.
It is basically how serious the LL percieved the situation to be that casued the issue at hand.

When I called the LL he told me he had a friend that is an electrician that lives down the street from me and he would call him to come. 5 days later when the damage occurred I called the LL and as soon as he came into my house he called his electrician friend who was at my house 5 minutes later. I was listening to the conversation and could tell that the LL had not called him about the situation until this time, Actually I asked the Electrician if the LL had called hin prior to the date of the damage and he said NO.

 

[justalayman]

I didn't just lose my computers. One computer was new the other a bit older. We had those repaired at a little over 200 dollars each. We also lost a brand new treadmill, two new DVD players, three televisions ect. We hired an electronics guy to come into our house and estimate the damages and repair if worth it. The total for the repairs and replace minus depreciation was taken into consideration.

Wasn't trying to be critical. All I had read of damage stated the computers. Most people over value old computers.

As I posted, I would take my chances in court if in your position. (even if it was just the computers)

Good luck. Post back with the results.