Septic tank

[overtgabby]

What is the name of your state? Colorado

My septic tank caved in in the middle of February. I told the maintenence guy, and he came and looked at it.Two days later he came and put a crappy peice of wood over it. It has been like this since. Despite the fact it wasnt fixed I paid March rent. Now it is April and still not fixed. I sent the landlord a note, instead of rent, along with pictures of the hole and the nasty board, and told him I would not pay rent till this was fixed. I further said that I would pay the rent when it was fixed.
This hole is right outside my door. I have kids, and pets. Am I even legally obligated to pay the rent since this problem has been known about for over a month, without being fixed? You can be sure if it was his house he wouldnt leave it that long. It is a health issue, But I dont want to be displaced by getting the Health Department involved.

 

[Cvillecpm]

I don't think you can have it both ways....you need to get the health dept involved to justify not paying your rent AND you need documentation that there is a problem.

You don't know what needs to be done with regard to the septic system OR what the problem is since you continue to use it and reside in the property.

 

[Gadfly]

I once had it take a month for the health department to issue a permit for a new drain field. Have you inquired as to the status or just blow up?

 

[overtgabby]

I know what the problem is.. I dont need a new leach feild.. I need a new Septic tank, and if it is going to require a long time due to permits.. Inform me, and do a bit better for temporary that slap a dilapitated boards on it

 

[FarmerJ]

Gab if the tank top caved in as you suggest, likely the tank is a very old metal tank, Its entirely possible , the current system has been out of code compliance for some time but allowed to be used until it failed. SO if your real curious call your county zoning desk and ask them what the rules are for when older systems are in failure , you want to know if repair is acceptable or does the system have to be brought into new code compliance? If you really want to know they can tell you what the code requires for new systems. It is all public info and they have to tell anyone who ask for it. they might even be able to tell you a rough time frame of how long it has been taking others in your county to get systems replaced.

 

[LindaP777]

BTW - you can not withhold rent from your landlord for this. The most that could happen is you pay the rent to the court and they hold it until the septic tank is fixed. But you have no right to hold it, it doesn't work that way.

 

[xylene]

BTW - you can not withhold rent from your landlord for this. The most that could happen is you pay the rent to the court and they hold it until the septic tank is fixed. But you have no right to hold it, it doesn't work that way.

You are kind of right...

However this landlord's inaction is clearly violating the covenant of quiet use and enjoyment. Should this situation persist it would clearly be an example of constructive eviction.

Colorado law allows for tenants to claim reduction in rent proportional to the decrease in market value based on the landlords beech.

Colorado has no state habitability requirments - but many cities and counties do. Lack of sanitary plumbing is taken very seriously, as it has the potential for groundwater contamination.

The bottom lin - the landlord is not going to be in a strong position should it go to court by letting this fester.

 

[LindaP777]

True, assuming the work hasn't been started, like proper permits applied for (and the waiting game begins). We really don't know what the LL has or hasn't done, other than not informing the tenant.
Withholding rent at this stage of the game is a little premature.

 

[xylene]

True, assuming the work hasn't been started, like proper permits applied for (and the waiting game begins). We really don't know what the LL has or hasn't done, other than not informing the tenant.
Withholding rent at this stage of the game is a little premature.

We know that the temporary cover reapirs are unsafe and probably exacerbate the risk fo someone falling in and could not possibly be containing smell. The landlord could have installed a proper temporary cover and safety fence to better contain smells and protect humam and animal life. Failing to do that is a serious issue, and 1 month is a long time to wait when a sinkhole with liquid crap at its bottom is in the front yard.

Some solid wood, tar paper, 4 rabbit fence posts and some chicken wire (stuff that is clutter in my garage if the landlord wants if ) that and the landlord keeping the tenant informed would go a long way towards real action and open communication that could easily keep this matter out of the courts - so I don't have a lot of sympathy on that front.

 

[Cvillecpm]

OP does not know enough to know she does not know enough.....

Call the city/county and ask if a permit has been issued for septic tank replacement and if they say NO, ask how long from the time it is applied (paid for) until a permit is issued.

With THAT information, write the property owner regarding what needs to be done and give them a reasonable amount of time - say 30 days - or then YOU will call code enforcement.

Again, I don't think you have sufficiently proved you are damaged in any way that justifies rent withholding so your landlord may well be waiting to evict you for non-payment since there is no PROOF of the septic problem from a verifiable third party such as code enforcement...

 

[overtgabby]

Im not worried about being evicted.. I have been a good tenent for years and he has been crappy about fixing stuff before.. Thjere is other stuff yat toi be fixed that he has known about longer than this. However, I can live with those problems.. Im not living with sewage stink. I have 3 respectable reliable witnesses to attest to how long this has been going on. One of them used to live here before me, and HE can attest to constant sewage problems that were never fixed

 

[Cvillecpm]

GAB - so you moved into a property KNOWING that there was a sewage/septic problem....

The ONLY RELIABLE witness that an eviction judge accept will most likely accept will be a building/environmental health inspector who has inspected the septic system and provided written documentation as to the problem and solution.....

I see packing boxes in your future...

 

[acmb05]

OP does not know enough to know she does not know enough.....

Call the city/county and ask if a permit has been issued for septic tank replacement and if they say NO, ask how long from the time it is applied (paid for) until a permit is issued.

With THAT information, write the property owner regarding what needs to be done and give them a reasonable amount of time - say 30 days - or then YOU will call code enforcement.

Again, I don't think you have sufficiently proved you are damaged in any way that justifies rent withholding so your landlord may well be waiting to evict you for non-payment since there is no PROOF of the septic problem from a verifiable third party such as code enforcement...

Say 3 days period. Once he is properly notified he should apply for any and all permits within 3 days. Why anyone would wait 30 days on a health violation is beyond me.

 

[acmb05]

GAB - so you moved into a property KNOWING that there was a sewage/septic problem....

Assuming she knew this tenant beforehand and he told her all this beforehand. Also assuming the landlord did not tell her it was all fixed.

The ONLY RELIABLE witness that an eviction judge accept will most likely accept will be a building/environmental health inspector who has inspected the septic system and provided written documentation as to the problem and solution.....

WRONG: Most likely would accept a couple neighbors complaining about the stench also, and ANY licensed plumbing company. It does not have to be a building/Codes inspector.

I see packing boxes in your future...

You sound like a landlord who would evict someone rather than fix a problem.

 

[overtgabby]

Actually, Cvill.. packing boxes IS in my future. We will be closing on 40 acres any time now