Septic Tanks

[Ben R]

I have leased a house and the septic tank is long past replacement. The Management company has been promising to repair it for months now. I don't have the funds to move and have no desire to do so but, we were told that the plumbing was up to spec. We now have a virtual swamp in our backyard that has driven insects and stench into the house. It has even made our animals ill. I am in Norco, CA which is a semi-rural town. We have tried to get response from the Management but have been totally unsuccessful in getting any relief. What can I do? They seem to refuse to remedy the situation and, I just can't afford to move

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ben R:
I have leased a house and the septic tank is long past replacement. The Management company has been promising to repair it for months now. I don't have the funds to move and have no desire to do so but, we were told that the plumbing was up to spec. We now have a virtual swamp in our backyard that has driven insects and stench into the house. It has even made our animals ill. I am in Norco, CA which is a semi-rural town. We have tried to get response from the Management but have been totally unsuccessful in getting any relief. What can I do? They seem to refuse to remedy the situation and, I just can't afford to move<HR></BLOCKQUOTE>

Call the local health dept. to inspect and investigate. The condition is a health concern. Send the management company a certified letter stating the problem and that they have ________days to fix the problem. Call a pumping company and have them inspect and pump out the tank and dewater the yard. Deduct the cost from your next rent payment and send the management company a copy of the bill and a letter of explanation. ( you gave them notice, they failed to take any action so you took action to mitigate damages) File a complaint against the management company with the Better Business Bureau and the Real Estate License Board. Go to the real property tax assessment office and look up the name, address and telephone number of the property owner. Then also call or write the owner directly.

 

[Tracey]

All the stuff HomeGuru said, plus call the nearest tenant's rights association & as for help locating the CA laws on L's duty to repair & T's 'repair & deduct' remedies. The statutes will spell out exactly what kind of notice to send & how to send it (duh. certified, return receipt) & how long L has to start fixing the problem & how long L has to finish repairs. Also check to see if you have the option of paying your rent to the district court's escrow account. If you can, the court will hold the money until L fixes the septic system, then will assess damages against L which may include: terminating the lease, refunding all your rent, refunding part of your rent, & reimbursing you for damages.

Since Management's procrastination has sickened your animals, you can sue L/Management separately for your damages. Vet bills, medicines, lost income, damage to the carpet from the dog throwing up, etc. You'll receive your damages + costs + attorney fees + any statutory fines available.

Check the local library for books on CA LT law, copies of the statutes, & some help finding the LT statutes.

Good luck

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.