• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Not allowed to take a shower until???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

drearyone

Member
What is the name of your state? CA


I would like to receive some suggestions on the following double dilemma just in case it gets too far out of hand. I live upstairs in a small eight unit apartment building.

Back in 2001, I developed a plumbing problem in my bathroom that caused my carpet in front of the bathroom to become soaked. The preliminary plumber that my landlords( a management group) sent to investigate the matter at this time, told me that there was a problem, and that he would send someone on Friday to fix it.
No one showed up. When I called him at the end of the day to ask why no one showed, he said that the owners did not give him permission to fix it.
The most dire symptoms disappeared, never to return, although my floor continued to remain soft and discolored.

Here it is six and one half years later.
A family friend of the owners installed a new toilet for me two weeks ago, which apparently opened the floodgates both literally and figuratively. He succeeded at fixing my resulting leaks, but now, and for the last three days, my shower has begun to leak water into two downstars apartments. Last night, the owner's "go to guy", who manages our complex, told me that he would try to get me a new bathroom floor this weekend.
My greatest fear became a reality tonight as the landlord's "go to guy" told me I could not take a shower until the leaks are fixed.
The reason this a double whammy is because not only do I have to choose between taking sponge baths or driving three miles to my parents house to shower, but my livlihood depends on my being home in the morning get work for the day.
I am a substitute teacher who receives phone calls from 5AM onwards with offers of work. I am fortunate to work nearly every day, but if I have to drive elsewhere to shower, the chances are very high that I will be gone when the phone rings, and hence I lose a days wages.
If the new floor is indeed put in over the weekend, I will be satisfied since I am already booked for work tomarrow. However, this "go to guy" (and/or the owners) , despite being good natured, is a procrastinator. It took six months to get my toilet.

My questions are as follows:

1. Am I legally entitled to a refund in rent for any days I cannot shower?
2. Do I have any legal recourse for collecting lost wages if I cannot be home when I am getting calls for work?
I do have a pencil written letter dated from 2001 that was written by the preliminary plumber at the time, telling me that he would "need to call a plumber to look at this problem", the problem that the owners chose not to address at the time.


Any advice would be welcome. Thanks
 


CA LL

Senior Member
I see no relation or need for all of the additional info in your post.

Go to parents and take a shower before bed at night for those few days.

You can ASK for a credit of some sort but since it is only the shower and you still have everything else operational and the rest of the unit is fully habitable..perhaps just a small credit request is more reasonable.

Stuff happens. Your incident in 2001 sure sounds to me to be an overflowed toilet which 99% of the time is tenant caused by the way due to flushing it twice when it doesn't go down the first time..had ABSOLUTELY nothing to do with now

NO to lost wages.
 

LindaP777

Senior Member
Ask your LL to put you in a nearby hotel until the problem is fixed. Bathing/showering is a habitability issue.
 

drearyone

Member
I see no relation or need for all of the additional info in your post.

Go to parents and take a shower before bed at night for those few days.

You can ASK for a credit of some sort but since it is only the shower and you still have everything else operational and the rest of the unit is fully habitable..perhaps just a small credit request is more reasonable.

Stuff happens. Your incident in 2001 sure sounds to me to be an overflowed toilet which 99% of the time is tenant caused by the way due to flushing it twice when it doesn't go down the first time..had ABSOLUTELY nothing to do with now

NO to lost wages.

The toilet never overflowed. It was replaced because it could not flush adequately.
The 2001 plumbing problem never resulted in surface wetting of the bathroom floor. It was beneath the floor, and created a terrible odor.
The reason for bringing up "all this additional info" is because it is my opinion that today's plumbing problem would likely have not occured had the owners taken care of the problem back in 2001. The plumber at the time said there was definitely a problem, and the owners refused to fix it.
Since problems do not fix themselves, even when some symptoms disappear, there is a strong possiblity that the owners negligence then has created my problem today.
This is why I inquired about the possiblily of recouping any potential lost wages.

At the very least, I feel I should be able to deduct rent for each day I cannot shower.
 

drearyone

Member
So, tell me...if you know what you want to ask for, why did you come here?
I came here to get opinions on whether or not I had any legal basis for recouping lost wages and/or a rent reduction.
Based on my past experiences with these owners, I suspect that they would not grant either of my requests.
Therefore, if I feel I have a legal leg to stand on, the responses I get here could help me decide whether to pursue legal action should my requests be denied.

Also, the situation changed about an hour ago when the "go to guy" told me that the owner's plumber busted a pipe while clearing my drain, resulting in the downstairs leakage.
This would seem to work in my favor. He is tentatively scheduled to come by tomarrow to replace both the pipe and my floor. If he shows up, I will consider this a minor inconvenience and will not pursue compensation, but I want to get opinions on my options should this drag out.
 

Alaska landlord

Senior Member
Also, the situation changed about an hour ago when the "go to guy" told me that the owner's plumber busted a pipe while clearing my drain, resulting in the downstairs leakage.
This would seem to work in my favor.
Not necessarily, if you clogged the drain with a foreign object or hair etc you can be held partially responsible. Also, the guy that installed the toilet years ago may not have known what he was talking about.
 

drearyone

Member
The first toilet was probably installed long before I moved in here in 1992.
The busted pipe resulted from clearing the bathtub drain. The toilet is not involved in my neigbors leakage.

I have never abused the bathtub drain in any way. In fact, there has always been occasional minor clogging that I had been resolving with drain cleaner.
I did not even ask the owner's plumber to put the snake down my drain. He did this on his own free will, and apparently busted a pipe in the process. The "go to guy' has also snaked my drain on a few occasions at my request, and no problems ever resulted. In fact, he told me my neighbors hair is what sometimes clogs my drain.

To update, it is now Saturday evening. I have been away 15 hours. As I suspected, nothing was done in my absence.

I have decided to take sponge baths in my kitchen each morning rather than shower elsewhere. This is to insure that I do not lose wages, since my chances of recouping such wages are likely slim. However, I have decided that if nothing is done by Tuesday evening, I will inform the owners in writing that I believe it is only fair that I receive a rent reduction for this month.
Thinking ahead, I suspect they will deny me this reduction. Therefore my question is as follows: Can I legally require them to give me a rent reduction?
Common sense seems to dictate that an apartment where one is not allowed to shower becomes uninhabitable, so I would think the law is on my side.
Is it?
 
Last edited:

Alaska landlord

Senior Member
I have never abused the bathtub drain in any way. In fact, there has always been occasional minor clogging that I had been resolving with drain cleaner.
I did not even ask the owner's plumber to put the snake down my drain. He did this on his own free will, and apparently busted a pipe in the process.
And therein lies the problem. Draino is basically sodium Hydroxide, which will eat through pipes. You should be held responsible for the braking of the pipe. Snaking a pipe would not brake it unless it was damaged beyond repair to begin with.

No harm is asking, but better not let them know you abused the pipes.
 

Hot Topic

Senior Member
The bit about the neighbor's hair clogging your drain sounds a little bizarre. Keep in mind that some of these "go to" people think they run the building and are experts on anything and everything connected with it.

Snaking a toilet shouldn't break a pipe. If you call someone in to take care of a problem, chances are good that they'll bring a snake with them.

No, you won't be reimbursed for lost wages.
 

HomeGuru

Senior Member
The bit about the neighbor's hair clogging your drain sounds a little bizarre. Keep in mind that some of these "go to" people think they run the building and are experts on anything and everything connected with it.

Snaking a toilet shouldn't break a pipe. If you call someone in to take care of a problem, chances are good that they'll bring a snake with them.

No, you won't be reimbursed for lost wages.
**A: there is a possibility that the drain pipe could be old and breaking and connected to to a T whereby several apartment units share the same main drain line.
 

drearyone

Member
And therein lies the problem. Drano is basically sodium Hydroxide, which will eat through pipes. You should be held responsible for the braking of the pipe. Snaking a pipe would not brake it unless it was damaged beyond repair to begin with.

No harm is asking, but better not let them know you abused the pipes.
Actually, I never used Drano, but a liquid substance.
If drano or any liquid substance does indeed ruin pipes, then why is it sold for the purpose of unclogging drains? It seems quite odd that I would be responsible for abusing the pipes if I use a perfectly legal substance intended for drain clearing.
Furthermore, our "go to guy" who is also our manager, told me that that the plumber broke the pipe.
Anyway, the plumber finally came tonight at 5PM to replace the pipe so I can shower again. I will not request any rent reduction since I was inconvenienced for ony three days.
Nevertheless, the owners are once again demonstrating their philosophy of not taking care of any problems unless it is absolutely necessary.
The owner's plumber told me that I needed a new bathroom floor. On Friday night, our apartment manager said the plumber would be here all day to put in a new floor. The flooris torn at the corners, bumpy, soft, and discolored, and needed replacing back in 2001. Yet now again, they take care of only the immediate essentials, while ignoring a long lasting problem.
I am also in desperate need of new carpeting, and painted walls.
My apartment is an eyesore, but the owners do not give a #@%^.
 
Last edited:

HomeGuru

Senior Member
**A: nothing in your
Actually, I never used Drano, but a liquid substance.
If drano or any liquid substance does indeed ruin pipes, then why is it sold for the purpose of unclogging drains? It seems quite odd that I would be responsible for abusing the pipes if I use a perfectly legal substance intended for drain clearing.
Furthermore, our "go to guy" who is also our manager, told me that that the plumber broke the pipe.
Anyway, the plumber finally came tonight at 5PM to replace the pipe so I can shower again. I will not request any rent reduction since I was inconvenienced for ony three days.
Nevertheless, the owners are once again demonstrating their philosophy of not taking care of any problems unless it is absolutely necessary.
The owner's plumber told me that I needed a new bathroom floor. On Friday night, our apartment manager said the plumber would be here all day to put in a new floor. The flooris torn at the corners, bumpy, soft, and discolored, and needed replacing back in 2001. Yet now again, they take care of only the immediate essentials, while ignoring a long lasting problem.
I am also in desperate need of new carpeting, and painted walls.
My apartment is an eyesore, but the owners do not give a #@%^.
**A: nothing in your post sheds new light on this old subject.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top