Ceiling leaks; living in living room; slow response from property management

[GeorgeSpelvin]

What is the name of your state (only U.S. law)? Maryland

I'm currently renting a 1-bedroom apartment in Silver Spring MD. I'm halfway through a 12-month lease. I have paid rent promptly and have had no prior problems with management. The apartments are older properties that have some "wear and tear" due to their age, but until recently I didn't experience any serious issues.

About 10 days ago, ceiling leaks began in the bedroom. They began small, with water building up behind paint on the walls and slowly dripping. I promptly informed management. The response from maintenance was slow and when they did come, they attributed it to snow build-up on the roof and said they would take care of it the next day. That night, the leaks worsened dramatically. I had to call maintenance in the middle of the night and move all of my furniture out of the bedroom due to water spewing from the light fixtures on the ceiling. They came and put down buckets. Due to bad weather, no actual repairs were done. Over the next couple of days, I had to move all my belongings into the living room and the bedroom became a dank, uninhabitable room with multiple leaks dripping into large buckets on the floor; pieces of the ceiling and wall began to fall off. Management came to look at the situation and basically said, "Yes, we know it's an inconvenience, but we have to figure out what's causing the leaks and get that fixed; then we can get a contractor to fix the walls and ceiling and clean up everything." They would not provide any estimates of how long this would take.

So, here it is, about 10 days later. The situation remains the same. The leaks themselves have slowed but still require maintenance to come in once a day to empty the buckets. I continue to live out of the living room. When I call the property office to get an update, the manager is "not available." Basically, they are stonewalling me until they can get around to it.

My first question is: Why am I paying these people for a 1-bedroom apartment when in fact I currently have a zero-bedroom apartment? How long is reasonable for me to allow this situation to continue? 2 weeks? A month???? Am I entitled to restitution of rent for the period that this goes on (during which I can't occupy the bedroom)? Is there a simple way to go to Court in Maryland on this matter and perhaps put the rent in escrow? Seeking any advice....

 

[HomeGuru]

What is the name of your state (only U.S. law)? Maryland

I'm currently renting a 1-bedroom apartment in Silver Spring MD. I'm halfway through a 12-month lease. I have paid rent promptly and have had no prior problems with management. The apartments are older properties that have some "wear and tear" due to their age, but until recently I didn't experience any serious issues.

About 10 days ago, ceiling leaks began in the bedroom. They began small, with water building up behind paint on the walls and slowly dripping. I promptly informed management. The response from maintenance was slow and when they did come, they attributed it to snow build-up on the roof and said they would take care of it the next day. That night, the leaks worsened dramatically. I had to call maintenance in the middle of the night and move all of my furniture out of the bedroom due to water spewing from the light fixtures on the ceiling. They came and put down buckets. Due to bad weather, no actual repairs were done. Over the next couple of days, I had to move all my belongings into the living room and the bedroom became a dank, uninhabitable room with multiple leaks dripping into large buckets on the floor; pieces of the ceiling and wall began to fall off. Management came to look at the situation and basically said, "Yes, we know it's an inconvenience, but we have to figure out what's causing the leaks and get that fixed; then we can get a contractor to fix the walls and ceiling and clean up everything." They would not provide any estimates of how long this would take.

So, here it is, about 10 days later. The situation remains the same. The leaks themselves have slowed but still require maintenance to come in once a day to empty the buckets. I continue to live out of the living room. When I call the property office to get an update, the manager is "not available." Basically, they are stonewalling me until they can get around to it.

My first question is: Why am I paying these people for a 1-bedroom apartment when in fact I currently have a zero-bedroom apartment? How long is reasonable for me to allow this situation to continue? 2 weeks? A month???? Am I entitled to restitution of rent for the period that this goes on (during which I can't occupy the bedroom)? Is there a simple way to go to Court in Maryland on this matter and perhaps put the rent in escrow? Seeking any advice....

**A: you don't have a zero bedroom apartment, you still have a 1 Br apartment. First, read the landlord tenant law. The law is pretty clear as to your remedies.

 

[Hot Topic]

They can do nothing while it continues to rain. They have to locate exactly where the leaks are coming from before they can take action.

 

[GeorgeSpelvin]

Interesting, though has no connection to my post...

They can do nothing while it continues to rain. They have to locate exactly where the leaks are coming from before they can take action.

I said nothing in my post about it raining. Do you work for a property management company? I ask because your reply has little connection to my post (for all you know, the leak is related to a burst pipe, melting snow on a damaged roof, or other causes). Of more interest is the fact that you didn't comment at all on the legal issue...namely the fact that in most states, there are laws regarding the landlord's obligations to make repairs within certain periods, particularly for problems that can be health/safety issues.

Fortunately, I've since found this information...in Maryland the standard is that any more than 30 days is considered unreasonable...and yes, this issue would be considered one that is a health and safety problem. I can also request in District Court that rent be paid into escrow until repairs are made...which I will certainly do.

 

[GeorgeSpelvin]

Wow...what a helpful reply...

**A: you don't have a zero bedroom apartment, you still have a 1 Br apartment. First, read the landlord tenant law. The law is pretty clear as to your remedies.

I guess that's just your opinion, huh. But with 75,000 posts (!!!!) on this site, you apparently have an enormous amount of free time and plenty of opinions!


As I mentioned to other responder, I have since checked the Maryland and Montgomery County tenant-landlord law (I guess you did not know the specifics, since it would certainly have been just as easy for you to reply with a recap rather than telling me to look it up, huh? lol)

FYI, it appears based on my read of the law that a room with multiple water leaks, paint and plaster fallling from ceiling and walls, water on the floor, and mold risk due to the humidity, is a sufficient health/safety issue under MD law to invoke requirement for landlord repair within reasonable period.

 

[Searchertwin]

For one thing, HomeGuru, is correct in stating that it is STILL A ONE BEDROOM apartment. Even thou you are not in that bedroom.
Another thing, Hot Topic, might have got his thoughts wrong about it being rain where you stated it was snow build-up...still doesn't matter it still leaked. He, Hot Topic was still correct in stating that, "They have to locate exactly where the leaks are coming from before they can take action." This might takes a few days , depending on the snow. This isn't LL fault.
You answer your own question about LL checking out in a reasonable time frame, You stated, "Management came to look at the situation and basically said, "Yes, we know it's an inconvenience, but we have to figure out what's causing the leaks and get that fixed; then we can get a contractor to fix the walls and ceiling and clean up everything." So can the LL make necessary repairs within a reasonable time, yes, but there are unforseen circumstances, and this is one, build up snow, so a reasonable time frame depends on the weather. I believe that a judge would see it this way also. PLUS if LL locates a company to check the problem, he cannot predicate the time frame when the company will be able to do the work.
So, the LL is not guilty of not taking action within a reasonable time frame. they are aware and trying to fix the problem. Just because you want LL to jump, they don't have to say how high.
Another thing, you stated, "So, here it is, about 10 days later. The situation remains the same. The leaks themselves have slowed but still require maintenance to come in once a day to empty the buckets." Why can't YOU empty the bucket?
You also stated, " I continue to live out of the living room. When I call the property office to get an update, the manager is "not available." Basically, they are stonewalling me until they can get around to it." I would to ESPECIALLY since your to lazy to empty the buckets. So what does that tell someone????

You still have to pay for rent even thou you are not in the bedroom, you are still ABLE to live in the other parts of the apartment. How long is reasonable? As long as it takes for snow to melt, no more bad weather, LL finding a contractor and contractor schedules to do the work. AS LONG AS THE LL IS MAKING THE ATTEMPT HE IS DOING EVERYTHING WITHIN REASON. Once again, the LL doesn't have to say "HOW HIGH TO JUMP".
Rent in escrow. For what? YOU ARE STILL LIVING THERE.

 

[GeorgeSpelvin]

Are you a slum lord?

For one thing, HomeGuru, is correct in stating that it is STILL A ONE BEDROOM apartment. Even thou you are not in that bedroom.
Another thing, Hot Topic, might have got his thoughts wrong about it being rain where you stated it was snow build-up...still doesn't matter it still leaked. He, Hot Topic was still correct in stating that, "They have to locate exactly where the leaks are coming from before they can take action." This might takes a few days , depending on the snow. This isn't LL fault.
You answer your own question about LL checking out in a reasonable time frame, You stated, "Management came to look at the situation and basically said, "Yes, we know it's an inconvenience, but we have to figure out what's causing the leaks and get that fixed; then we can get a contractor to fix the walls and ceiling and clean up everything." So can the LL make necessary repairs within a reasonable time, yes, but there are unforseen circumstances, and this is one, build up snow, so a reasonable time frame depends on the weather. I believe that a judge would see it this way also. PLUS if LL locates a company to check the problem, he cannot predicate the time frame when the company will be able to do the work.
So, the LL is not guilty of not taking action within a reasonable time frame. they are aware and trying to fix the problem. Just because you want LL to jump, they don't have to say how high.
Another thing, you stated, "So, here it is, about 10 days later. The situation remains the same. The leaks themselves have slowed but still require maintenance to come in once a day to empty the buckets." Why can't YOU empty the bucket?
You also stated, " I continue to live out of the living room. When I call the property office to get an update, the manager is "not available." Basically, they are stonewalling me until they can get around to it." I would to ESPECIALLY since your to lazy to empty the buckets. So what does that tell someone????

You still have to pay for rent even thou you are not in the bedroom, you are still ABLE to live in the other parts of the apartment. How long is reasonable? As long as it takes for snow to melt, no more bad weather, LL finding a contractor and contractor schedules to do the work. AS LONG AS THE LL IS MAKING THE ATTEMPT HE IS DOING EVERYTHING WITHIN REASON. Once again, the LL doesn't have to say "HOW HIGH TO JUMP".
Rent in escrow. For what? YOU ARE STILL LIVING THERE.

It appears that some folks cruise around this board responding to hundreds -- even thousands -- of questions across the entire spectrum of the law -- in many cases, not to provide useful advice but simply to make snarky and uninformed comments. I wonder how many are actually successful attorneys? Or even attorneys at all? Amazing what some people do for kicks or to feel better about themselves...

In any event, not sure where you live, but Maryland law is actually quite clear about this. A situation in which water is leaking from multiple places, the fan has fallen due to erosion of the ceiling, multiple chunks of plaster have collapsed, and water is dripping from the walls and ceiling, is considered a health and safety issue rather than an aesthetic or convenience issue. The humidity -- not to mention possible mold -- is also a factor. Maryland also holds that a period of more than 30 days is generally considered "unreasonable." Moreover, rent can be paid into escrow with the Court's approval until the landlord makes the repairs...and I'm quite confident that upon seeing photos of the situation, if it becomes necessary, the District court will have no problem holding the rent for me.

By the way, since you appear to have plenty of free time to jump to incorrect conclusions -- it's not "a bucket." It's three 5-gallon buckets and a large 15-gallon container with rope handles on each side that is very hefty when filled (and it has been filling in about 24 hours). Why should I be hauling and emptying these for the owner and the maintenance crew? It's called RENT -- and it's supposed to include maintenance of the building.

Perhaps you are a slum lord or you rent out a shoddy apartment and don't like to fix things...or maybe you just have nothing better to do...but after researching this, I'm fairly certain that I will have an excellent case to withhold rent should the owner have stalled correcting these problems beyond 30 days. Power to the people...

 

[BL]

It appears that some folks cruise around this board responding to hundreds -- even thousands -- of questions across the entire spectrum of the law -- in many cases, not to provide useful advice but simply to make snarky and uninformed comments. I wonder how many are actually successful attorneys? Or even attorneys at all? Amazing what some people do for kicks or to feel better about themselves...

In any event, not sure where you live, but Maryland law is actually quite clear about this. A situation in which water is leaking from multiple places, the fan has fallen due to erosion of the ceiling, multiple chunks of plaster have collapsed, and water is dripping from the walls and ceiling, is considered a health and safety issue rather than an aesthetic or convenience issue. The humidity -- not to mention possible mold -- is also a factor. Maryland also holds that a period of more than 30 days is generally considered "unreasonable." Moreover, rent can be paid into escrow with the Court's approval until the landlord makes the repairs...and I'm quite confident that upon seeing photos of the situation, if it becomes necessary, the District court will have no problem holding the rent for me.

By the way, since you appear to have plenty of free time to jump to incorrect conclusions -- it's not "a bucket." It's three 5-gallon buckets and a large 15-gallon container with rope handles on each side that is very hefty when filled (and it has been filling in about 24 hours). Why should I be hauling and emptying these for the owner and the maintenance crew? It's called RENT -- and it's supposed to include maintenance of the building.

Perhaps you are a slum lord or you rent out a shoddy apartment and don't like to fix things...or maybe you just have nothing better to do...but after researching this, I'm fairly certain that I will have an excellent case to withhold rent should the owner have stalled correcting these problems beyond 30 days. Power to the people...

What you can do if you're not comfortable waiting is call code inspection in .

You might be able to negotiate a rent reduction for the time of non use , but that usually goes with non use of essentials .

If in fact it become a documented uninhabitable condition ,you would be free to break your lease and move on .Possible be prorated for the rent it's documented .

As a side note: Eastern US was hit good with a good amount of snowfall .

Contractors are probably being overworked, and maintenance isn't equipped with dealing with the issue.

 

[Searchertwin]

It appears that some folks cruise around this board responding to hundreds -- even thousands -- of questions across the entire spectrum of the law -- in many cases, not to provide useful advice but simply to make snarky and uninformed comments. I wonder how many are actually successful attorneys? Or even attorneys at all? Amazing what some people do for kicks or to feel better about themselves...

In any event, not sure where you live, but Maryland law is actually quite clear about this. A situation in which water is leaking from multiple places, the fan has fallen due to erosion of the ceiling, multiple chunks of plaster have collapsed, and water is dripping from the walls and ceiling, is considered a health and safety issue rather than an aesthetic or convenience issue. The humidity -- not to mention possible mold -- is also a factor. Maryland also holds that a period of more than 30 days is generally considered "unreasonable." Moreover, rent can be paid into escrow with the Court's approval until the landlord makes the repairs...and I'm quite confident that upon seeing photos of the situation, if it becomes necessary, the District court will have no problem holding the rent for me.

By the way, since you appear to have plenty of free time to jump to incorrect conclusions -- it's not "a bucket." It's three 5-gallon buckets and a large 15-gallon container with rope handles on each side that is very hefty when filled (and it has been filling in about 24 hours). Why should I be hauling and emptying these for the owner and the maintenance crew? It's called RENT -- and it's supposed to include maintenance of the building.

Perhaps you are a slum lord or you rent out a shoddy apartment and don't like to fix things...or maybe you just have nothing better to do...but after researching this, I'm fairly certain that I will have an excellent case to withhold rent should the owner have stalled correcting these problems beyond 30 days. Power to the people...

Wasn't going to reply, but that last sentence, "Power to the people", is just stupid. Than I reread all the comments from you and nothing anyone says here will change your mind, you already made your mind up to be stubborn about using common sense. So power to you..on another note..forget about crying mold...you will lose on that issue also..but power to you anyway!!!!

 

[GeorgeSpelvin]

lol

Wasn't going to reply, but that last sentence, "Power to the people", is just stupid. Than I reread all the comments from you and nothing anyone says here will change your mind, you already made your mind up to be stubborn about using common sense. So power to you..on another note..forget about crying mold...you will lose on that issue also..but power to you anyway!!!!

You seem strangely bent on defending landlords who don't want to hold up their end of their agreement to maintain properties in habitable condition...

Apparently common sense to you means that I continue to pay rent with a smile on my face while emptying buckets of water daily from the leaks, and allow management a couple of months or however long it takes them to get around to making repairs.

No thanks... Common sense to me means that all of us affected by the poor maintenance of the building (several tenants have had similar problems) go to District Court together, contact the County health department, perhaps get a little local news coverage, and basically give this slumlord enough heartburn to start fixing things with a little greater sense of urgency...

 

[Searchertwin]

You seem strangely bent on defending landlords who don't want to hold up their end of their agreement to maintain properties in habitable condition...

Apparently common sense to you means that I continue to pay rent with a smile on my face while emptying buckets of water daily from the leaks, and allow management a couple of months or however long it takes them to get around to making repairs.

No thanks... Common sense to me means that all of us affected by the poor maintenance of the building (several tenants have had similar problems) go to District Court together, contact the County health department, perhaps get a little local news coverage, and basically give this slumlord enough heartburn to start fixing things with a little greater sense of urgency...

Well, you go for it ...you will lose,..but more power to you...
Oh, let everyone here know when it hits the news, if it makes the news,
so we can see the "power" at work

 

[GeorgeSpelvin]

Really? And what principle of law makes you so sure?

Well, you go for it ...you will lose,..but more power to you...
Oh, let everyone here know when it hits the news, if it makes the news,
so we can see the "power" at work

How exactly are you so sure that we would lose? Isn't this why there are Courts? Or have you decided, for some undisclosed reason, that you would prefer all tenants roll over and have no rights? Still waiting for that disclosure statement about what your interests are in these kinds of matters...

Well surprise, surprise...after looking at the Lease again, I also found the very interesting clause that states, "If the apartment is damaged by fire, storm, flood, flow of water, steam, or any other casualty but remains habitable, then this Lease shall continue, but your rent shall be reduced in proportion to those rooms within the Apartment which are not habitable until the Apartment has been repaired."

So much for the argument that I "still have a one-bedroom apartment" and therefore the Landlord owes no restitution... Gosh, what's your answer to this...just more of "You'll lose." lol

 

[Searchertwin]

How exactly are you so sure that we would lose? Isn't this why there are Courts? Or have you decided, for some undisclosed reason, that you would prefer all tenants roll over and have no rights? Still waiting for that disclosure statement about what your interests are in these kinds of matters...

Well surprise, surprise...after looking at the Lease again, I also found the very interesting clause that states, "If the apartment is damaged by fire, storm, flood, flow of water, steam, or any other casualty but remains habitable, then this Lease shall continue, but your rent shall be reduced in proportion to those rooms within the Apartment which are not habitable until the Apartment has been repaired."

So much for the argument that I "still have a one-bedroom apartment" and therefore the Landlord owes no restitution... Gosh, what's your answer to this...just more of "You'll lose." lol

I doubt that your lease had that clause. Why?
1) Because the way you approached this, determine and angry, YOU would have pulled your lease out that week and searched for something.
2) Than you stated the following, a) “About 10 days ago, ceiling leaks began in the bedroom.
b) You stated, "Over the next couple of days, I had to move all my belongings into the living room and the bedroom became a dank, uninhabitable room with multiple leaks dripping into large buckets on the floor; pieces of the ceiling and wall began to fall off.'
c) Now is the time you SHOULD HAVE READ THAT CLAUSE TO THEM when you contacted LL and you stated, “Management came to look at the situation and basically said, "Yes, we know it's an inconvenience, but we have to figure out what's causing the leaks and get that fixed; then we can get a contractor to fix the walls and ceiling and clean up everything."
D) You stated, "So, here it is, about 10 days later. The situation remains the same

This has been 22 days plus and not ONCE did you mention that clause to the LL.

Seem like one would have done that. Again common sense would have predicated that one would read lease and know what is in it.
The LL would have stated about rent reduction due to clause in lease, if there was one..
End Result:

 

[GeorgeSpelvin]

You've convinced me that I am going to win this one...

I doubt that your lease had that clause. Why?
1) Because the way you approached this, determine and angry, YOU would have pulled your lease out that week and searched for something.
2) Than you stated the following, a) “About 10 days ago, ceiling leaks began in the bedroom.
b) You stated, "Over the next couple of days, I had to move all my belongings into the living room and the bedroom became a dank, uninhabitable room with multiple leaks dripping into large buckets on the floor; pieces of the ceiling and wall began to fall off.'
c) Now is the time you SHOULD HAVE READ THAT CLAUSE TO THEM when you contacted LL and you stated, “Management came to look at the situation and basically said, "Yes, we know it's an inconvenience, but we have to figure out what's causing the leaks and get that fixed; then we can get a contractor to fix the walls and ceiling and clean up everything."
D) You stated, "So, here it is, about 10 days later. The situation remains the same

This has been 22 days plus and not ONCE did you mention that clause to the LL.

Seem like one would have done that. Again common sense would have predicated that one would read lease and know what is in it.
The LL would have stated about rent reduction due to clause in lease, if there was one..
End Result:

Clearly you have some "agenda" since you have twice failed to explain why you would have an investment to respond to these posts in the first place and try to convince me, without any rational legal argument, why I'm going to "lose." Whatever your agenda is...maybe you work for a property management company that manages some dumpy properties...maybe you've had tenants and scammed them...who knows...but regardless, your latest response is actually greatly encouraging.

In reality, no, I did not carefully go through the lease and see that clause until about a day before I made my last post. To my knowledge, I've never rented anywhere that had such a clause so I was actually delighted to find it. This is either a Maryland-specific or Montgomery County-specific thing. But I assure you (much to your apparent chagrin) that it's in there and I have already prepared my Complaint Form to the Montgomery County Housing Authority along with the copy of that section, photos, and correspondence. I'm beginning to enjoy this. At this point, it's a matter of principle more than the modest amount of money involved.

And FYI -- since you've again claimed knowledge of a situation of which you know nothing -- I already cited that section of the lease to the LL after I found it. True to slumlord tradition (and probably standard operating practice of the ownership company), he has not replied. But that's okay -- the copy of my correspondence and return receipt is also part of my package to MHA. County Code Enforcement gets a call tomorrow, too, simply for good measure.

So keep on handing out that good "common sense" legal advice... lol I'll post an update after I've finished giving these folks enough heartburn to wish that they had been a little nicer and more reasonable.

 

[TigerD]

I'll post an update after I've finished giving these folks enough heartburn to wish that they had been a little nicer and more reasonable.

Actually, George, I think we'd just rather you go away. Your dedication to ignorance is bordering on stupidity and your attacks on people who attempted to help you really made you look like an butt.

DC