Toilet water leaking through ceiling

[lealea1005]

What is the name of your state (only U.S. law)? FL

Hi. My daughter and son-in-law rent in a fairly large complex in Miami. They are 6 months into a 12 month lease.

There is an ongoing plumbing problem in their guest bathroom. Toilet, bath and sink back up and water leaks from the toilet, through their kitchen ceiling light fixture, onto their counter and sink.

They have documentation and video of the leak, as well as documentation of each time they've contacted the management office. Despite the obvious danger of water and electricity, they were informed their leak is not considered an emergency because they have 2 bathrooms, and should they contact the emergency number, they will be fined $250.

They met with the property manager last week because the problem still isn't resolved. Despite the fact that maintenance has been into their apartment more than once for other issues, they were told there was only one maintenance request/work order on the record. Maintenance never leaves a receipt or notice that they have been in the apartment. When she showed him their documentation for calls made to maintenance, he had nothing to say.

Soooo, what's next? Do they have any recourse or options? Should they withhold rent into an escrow account until the issues are resolved?

Thanks, in advance for any advice. I appreciate the help.

 

[Who's Liable?]

First of all, ONLY the signed party can deal with this. You have no bearing on what is going on.

They need to inform management IN WRITING of the situation. Since this is a sewage issue, it is considered life and health and must be treated as an emergency. Some states allow a tenant to terminate a lease if emergency repairs are not complete in 5 business days after notification.

 

[lealea1005]

First of all, ONLY the signed party can deal with this. You have no bearing on what is going on.

I understand that.

They need to inform management IN WRITING of the situation. Since this is a sewage issue, it is considered life and health and must be treated as an emergency. Some states allow a tenant to terminate a lease if emergency repairs are not complete in 5 business days after notification.

Since they already met with the property manager with their documentation and got nowhere, I suggested they send a certified letter. Thanks for the info, I'll forward it to them.

 

[FarmerJ]

After certified letter is sent out , cease use of second bathroom in order to reduce the damages to the rest of the unit and if LL still ignores written request after say 4 to 5 days then call inspections in , city -county- health dept - whom ever it is that handles housing repair complaints involving plumbing not working and let them come out and order the LL to repair it. See if a LL refuses to comply with govt agency that orders repairs LL risk in the end having a unit that becomes condemned. On the lighter side of it LL will get second letter , possible fines , possible inspection fees if mandated by local govt and earn a place on the inspections dept S list meaning that they are going to be watched and treated differently in the future by inspectors.

 

[lealea1005]

Thanks, I'll pass the info on to them.

 

[sandyclaus]

Refer them here:

Florida Landlord/Tenant Law Division of Consumer Services, DOACS

so that they can familiarize themselves with their legal rights and how to go about enforcing those with respect to this repair issue.

 

[lealea1005]

Refer them here:

Florida Landlord/Tenant Law Division of Consumer Services, DOACS

so that they can familiarize themselves with their legal rights and how to go about enforcing those with respect to this repair issue.

Thanks, I will.