Water damage drops out kitchen ceiling

[craftymom]

What is the name of your state? Virginia

Admittedly, this one won't be brief. I apologize for that as I try to provide an accurate backdrop/timeline. Would someone please be patient enough to read through, and kind enough to answer?

Two weeks ago, water came leaking down from the upstairs showers through the kitchen ceiling. The rental agency was called immediately. Plumber came out within 3 hours, ripped out 5 foot long by 2-3 foot wide section of kitchen ceiling, looked at the pipes, made assessment (rip out and replace shower in one bathroom, rip out and re-do section of floor in other bathroom) to be submitted to Real Estate agency. No work done.

Real Estate Agency apparently doesn't like expensive assessment, sends second plumber to house, three days later. Second plumber decides it's just water dripping behind the fixtures in the showers, and replaces fixtures.

24 hours later, water still leaking. Call agency--again--to notify. Agent comes to inspect it himself. Decides that only fresh caulking is needed in corners to fix the problem. Meanwhile, the water seems to have shorted out the outlets along back wall of house. Handyman comes out three days later to do caulking and fix outlets.

Yesterday, water still leaking from one bathroom. Called agent, who said to buy "splashguards", put them up, and submit receipt with rent for later reimbursement.

This morning, use other shower, and it's pouring out water just as much as on day one of this odyssey.

On to the questions:

1) Lease agreement states " Tenant shall not perform any renovation/alteration without prior written consent ..."

Wouldn't the splashguards be considered a permanent alteration? Mind you, I have no desire to be a b*tch, and have no problem trying to work with the agency to attempt to remedy this problem. I just don't want to get screwed later on for doing it under the Agent's verbal suggestion.

2) According to the Virginia Residential Landlord Tenant Act, as part of landlord responsibility:

"Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him;"

While the agent has tried to fix the problem, it's all been "mickey mouse, patch up" jobs. The plumbing isn't in "good" condition, and the ceiling sure isn't "safe".

If it came down to it, would we have the option to break the lease--penalty free--based on the problem not being sufficiently fixed within a decent time frame? What would that time frame be ( I couldn't find any info about it )?

Thanks

 

[JETX]

Virginia does have a 'repair and deduct' statute, but it is somewhat restrictive and may not apply in this case (as it deals mainly with failure to supply:
§ 55-248.23. Wrongful failure to supply heat, water, hot water or essential services.)

However, there are at least two statutes that would apply. They are:
"§ 55-225.3. Landlord to maintain dwelling unit.
A. The landlord shall:
1. Comply with the requirements of applicable building and housing codes materially affecting health and safety;
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; "

and

"§ 55-248.21. Noncompliance by landlord.
Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with any provision of this chapter, materially affecting health and safety, the tenant may serve a written notice on the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if such breach is not remedied in 21 days.

If the landlord commits a breach which is not remediable, the tenant may serve a written notice on the landlord specifying the acts and omissions constituting the breach, and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice.

If the landlord has been served with a prior written notice which required the landlord to remedy a breach, and the landlord remedied such breach, where the landlord intentionally commits a subsequent breach of a like nature as the prior breach, the tenant may serve a written notice on the landlord specifying the acts and omissions constituting the subsequent breach, make reference to the prior breach of a like nature, and state that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice.

If the breach is remediable by repairs and the landlord adequately remedies the breach prior to the date specified in the notice, the rental agreement will not terminate. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family or other person on the premises with his consent whether known by the tenant or not. In addition, the tenant may recover damages and obtain injunctive relief for noncompliance by the landlord with the provisions of the rental agreement or of this chapter. The tenant shall be entitled to recover reasonable attorneys' fees unless the landlord proves by a preponderance of the evidence that the landlord's actions were reasonable under the circumstances. If the rental agreement is terminated due to the landlord's noncompliance, the landlord shall return the security deposit in accordance with § 55-248.15:1."

The applicable statutes can be found at:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC55000000013000000000000

I suggest you do the following:
1) Send a letter to the management or owner advising that their attempts to 'repair' the problem have not been successful.
2) Politely DEMAND that a permanent solution be completed.
3) Reference that your rent will be reduced by $$$ (you pick) per day until this is remedied.
4) That if it is not remedied within 5 business days, they will need to find you alternative housing and will be responsible for all costs incurred in relocating.

(The last two are just 'bluffs' but they might work). The key here is that you need to start documenting this issue in WRITING. That is the only way that you can get it resolved. And if you have a ONE person contact who is responsible, limit ALL of your contacts to that person.

 

[craftymom]

Thank you very much, JETX, for your time in giving such a detailed answer as well as suggestions.

Just to be sure I'm reading correctly, I'd like to ask just two more in reference to your answer

"§ 55-248.21. Noncompliance by landlord.
Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with any provision of this chapter, materially affecting health and safety, the tenant may serve a written notice on the landlord specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if such breach is not remedied in 21 days."

***Do the 30 days termination and 21 day remedy timelines fall under the same written notice? (i.e. If, on the 21st day after receipt of written notice the repair is not complete, we could then move out 9 days later-- the 30th day) OR Does the 30 days termination period begin after the 21st day?


"I suggest you do the following:
1) Send a letter to the management or owner advising that their attempts to 'repair' the problem have not been successful.
2) Politely DEMAND that a permanent solution be completed.
3) Reference that your rent will be reduced by $$$ (you pick) per day until this is remedied.
4) That if it is not remedied within 5 business days, they will need to find you alternative housing and will be responsible for all costs incurred in relocating.

(The last two are just 'bluffs' but they might work)."

***While I completely understand about the last two being bluffs, I wonder-- is there any basis in law that I might look up to make the "threat" that much more plausible? (Perhaps a slim chance under the 'repair and deduct'?)

The key here is that you need to start documenting this issue in WRITING. That is the only way that you can get it resolved. And if you have a ONE person contact who is responsible, limit ALL of your contacts to that person.

***I have been in touch with just one agent, and will be sure to continue to do so. Leaves less room for mis-information that way. I've begun drawing up a letter to be delivered on Monday morning. Just making sure I have all the legal rights/responsibilities (landlord's and mine) in order so that the letter is based in fact, law, and reason.

 

[JETX]

"Do the 30 days termination and 21 day remedy timelines fall under the same written notice? (i.e. If, on the 21st day after receipt of written notice the repair is not complete, we could then move out 9 days later-- the 30th day) OR Does the 30 days termination period begin after the 21st day?"
*** Put them into the same notice. Simply, you have 21 days to complete the repairs and if not completed, then I am 'outta here' on the 31st day.

"While I completely understand about the last two being bluffs, I wonder-- is there any basis in law that I might look up to make the "threat" that much more plausible? (Perhaps a slim chance under the 'repair and deduct'?)"
*** After a cursory review of the statutes, I was not able to find anything with more 'teeth'.

 

[craftymom]

searching, searching, searching...

As to potentially withholding a portion of rent, would this do? (Found using the link you provided--thanks!)


§ 55-248.25. Landlord's noncompliance as defense to action for possession for nonpayment of rent.

A. In an action for possession based upon nonpayment of rent or in an action for rent by a landlord when the tenant is in possession, the tenant may assert as a defense that there exists upon the leased premises, a condition which constitutes or will constitute, a fire hazard or a serious threat to the life, health or safety of occupants thereof, including but not limited to a lack of heat or running water or of light or of electricity or adequate sewage disposal facilities or an infestation of rodents, or a condition which constitutes material noncompliance on the part of the landlord with the rental agreement or provisions of law. The assertion of any defense provided for in this section shall be conditioned upon the following:

1. Prior to the commencement of the action for rent or possession, the landlord or his agent was served a written notice of the aforesaid condition or conditions by the tenant or was notified by a violation or condemnation notice from an appropriate state or municipal agency, but that the landlord has refused, or having a reasonable opportunity to do so, has failed to remedy the same. For the purposes of this subsection, what period of time shall be deemed to be unreasonable delay is left to the discretion of the court except that there shall be a rebuttable presumption that a period in excess of thirty days from receipt of the notification by the landlord is unreasonable; and

2. The tenant, if in possession, has paid into court the amount of rent found by the court to be due and unpaid, to be held by the court pending the issuance of an order under subsection C.