Answer File with Court on disputed plumbing charges.. set for Tues

[kimberleyc]

I am disputing plumbing charges with the mgmt in court this Tuesday. The mgmt claims I am responsible for a bathroom sink drain clearing (in Dec) billed at $60, and also responsible for 1/4 bill ($50) for a main sewer line clearing, to be split between 4 units (our units being the units that were affected by toilets overflowing when the drain backed up). I am disputing the Dec bill, as my lease states that a) I am not allowed to use any drain cleaners, and b) I am responsible only for charges of repairs due to negligence. I reported the slow drain and there was no mention that this was something I would be charged for. The plumber was out that very day and gone within 2 mins.. hair being the culprit. Who's hair? How many yrs since it was last cleared prior to my taking residence? The burden of proof being on the landlord to prove 'negligence', as there was no object such as a toy, found in line. As for the main sewer line drain, my sister is the former mgr of these units (36 unit complex), and will verify that the main line here needs clearing every 6 months, and it is preventive maintence. The plumbing invoice states that they ran 250' of line, and that there was possibly a tampon and washrag found. I live in one of the four units that directly face the main line's run... there are 3 buildings..each line meets directly in front of our units, join, and run to the city lines. When the main line backed up, it, of course, is our units that are affected. The neighbor upstairs has a friend that works for the plumbing contractor, and they told her no way could the foreign objects be traced to any one apt, and that there is no way of knowing even how long they had been in the line. I have my argument ready to present, but would serving a subpeona to the plumbing contractor, as well as getting a diagram of the plumbing lines from Public Records be something that would strengthen my case? During this time of disputing charges, I have kept my rent payments current, and the mgmt cont'd to accept them until this month, when they returned my check.. I have that, as well as the letter of refusal and postmarked envelope to present as well. Further, there are discrepancies of the factual information in the ThreeDay Notice of Compliance... ie: incorrect monthly rent amount, and inaccurate statement of past due charges.

I live in Colorado, and have researched the Uniform Landlord Tenant Act... and there does not seem to be any further amendments to it through state legislation.

Thank you for any assistance.

Kimberley

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by kimberleyc:
I am disputing plumbing charges with the mgmt in court this Tuesday. The mgmt claims I am responsible for a bathroom sink drain clearing (in Dec) billed at $60, and also responsible for 1/4 bill ($50) for a main sewer line clearing, to be split between 4 units (our units being the units that were affected by toilets overflowing when the drain backed up). I am disputing the Dec bill, as my lease states that a) I am not allowed to use any drain cleaners, and b) I am responsible only for charges of repairs due to negligence. I reported the slow drain and there was no mention that this was something I would be charged for. The plumber was out that very day and gone within 2 mins.. hair being the culprit. Who's hair? How many yrs since it was last cleared prior to my taking residence? The burden of proof being on the landlord to prove 'negligence', as there was no object such as a toy, found in line. As for the main sewer line drain, my sister is the former mgr of these units (36 unit complex), and will verify that the main line here needs clearing every 6 months, and it is preventive maintence. The plumbing invoice states that they ran 250' of line, and that there was possibly a tampon and washrag found. I live in one of the four units that directly face the main line's run... there are 3 buildings..each line meets directly in front of our units, join, and run to the city lines. When the main line backed up, it, of course, is our units that are affected. The neighbor upstairs has a friend that works for the plumbing contractor, and they told her no way could the foreign objects be traced to any one apt, and that there is no way of knowing even how long they had been in the line. I have my argument ready to present, but would serving a subpeona to the plumbing contractor, as well as getting a diagram of the plumbing lines from Public Records be something that would strengthen my case? During this time of disputing charges, I have kept my rent payments current, and the mgmt cont'd to accept them until this month, when they returned my check.. I have that, as well as the letter of refusal and postmarked envelope to present as well. Further, there are discrepancies of the factual information in the ThreeDay Notice of Compliance... ie: incorrect monthly rent amount, and inaccurate statement of past due charges.

I live in Colorado, and have researched the Uniform Landlord Tenant Act... and there does not seem to be any further amendments to it through state legislation.

Thank you for any assistance.

Kimberley<HR></BLOCKQUOTE>

My response:

The landlord will lose. Not only for the reasons you gave here, but also the fact that "loss of hair" is a natural, and uncontollable, occurance. It is expected, and known, to wreak havoc with plumbing. Always has, always will. A tenant is not responsible for normal wear and tear, of which this problem includes.

Good luck.

IAAL



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[Tracey]

I agree -- landlord will lose. You've done a wonderful job of analyzing your lease, researching the RLTA, and organizing your arguments.

As to serving the plumber and presenting plumbing diagrams, you can never walk into small claims court with too many exhibits. I don't know if you have time to serve the plumber before Tuesday, and you should check the appearance fee before you do so. Does your lease say that the winner gets attorney fees AND costs? The fee might be a cost. Will the court accept the plumber's testimony in the form of an affidavit?

Am I reading between the lines correctly? You gave management a check for the rent, they refused it, and are now trying to evict you for non-payment of rent? If so, you can request sanctions against them (Civil Rule 11) for malicious prosecution.

Go get 'em tiger!

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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.