Eviction notice for plumbing issues

[Jo_schmo]

What is the name of your state? Utah.

I received an eviction notice (nuisance) for water damage to the downstairs apartment. I believe this is caused by neglected, corroded plumbing in the floor but the landlord is trying to say it is from showering with the shower curtain open and blatantly dumping water on the floor. Do I have a case against him?

 

[Zigner]

What is the name of your state? Utah.

I received an eviction notice (nuisance) for water damage to the downstairs apartment. I believe this is caused by neglected, corroded plumbing in the floor but the landlord is trying to say it is from showering with the shower curtain open and blatantly dumping water on the floor. Do I have a case against him?

I'm going to assume that you are a month-to-month tenant. I'm also going to assume that you received a notice of termination of tenancy. I'm also going to assume that you are asking if you have some sort of case against the LL.

No, you have no case against the LL for terminating your tenancy with appropriate notice.

 

[Jo_schmo]

I'm going to assume that you are a month-to-month tenant. I'm also going to assume that you received a notice of termination of tenancy. I'm also going to assume that you are asking if you have some sort of case against the LL.

No, you have no case against the LL for terminating your tenancy with appropriate notice.

I have a one year lease and have received a Three day notice to vacate (nusance)

 

[Zigner]

You have a tough one - I would respond to the notice appropriately...

 

[PayrollHRGuy]

What is the name of your state? Utah.

I received an eviction notice (nuisance) for water damage to the downstairs apartment. I believe this is caused by neglected, corroded plumbing in the floor but the landlord is trying to say it is from showering with the shower curtain open and blatantly dumping water on the floor. Do I have a case against him?

If you are being evicted you need to be MUCH more concerned with the case he has against you.

Re: you dumping water vs pipes in the floor, should be easy to prove with photos of the floor in your apartment.

 

[adjusterjack]

I have a one year lease and have received a Three day notice to vacate (nusance)

You are free to refuse to move. If he files for eviction through the courts, you raise a defense and prove that the damage is caused by something else.

I believe this is caused by neglected, corroded plumbing in the floor

Trouble is, you "believe" but you don't know and won't know unless you hire an expert to examine the plumbing that runs through the floor.

 

[mike_miller]

If a landlord is trying to evict you because of property damage then your landlord must prove if the damage caused is extensive;if the problem is continuing or is it a one-time thing;if you caused the problem. If in case you do not agree with the landlord's claim you can go to the court.

 

[PayrollHRGuy]

If a landlord is trying to evict you because of property damage then your landlord must prove if the damage caused is extensive;if the problem is continuing or is it a one-time thing;if you caused the problem. If in case you do not agree with the landlord's claim you can go to the court.

Do you have a cite for any of that?

 

[quincy]

Do you have a cite for any of that?

Out of 14 posts to this forum, only 7 of mike_miller's posts remain. The rest have been reported and deleted. You can guess the reason why.

Here is a link to the eviction process:
https://www.utcourts.gov/howto/landlord/eviction.html
Damage by a tenant to the landlord's property, even if the damage does not rise to the level of nuisance, can result in a 3-day notice to vacate for committing waste on the premises.

 

[not2cleverRed]

If a landlord is trying to evict you because of property damage then your landlord must prove if the damage caused is extensive;if the problem is continuing or is it a one-time thing;if you caused the problem. If in case you do not agree with the landlord's claim you can go to the court.

I can think of many "one-time things" that would be more than enough to justify an eviction.

The key issue here is did the tenant cause the problem, and does it rise to the level to be called a nuisance and justify eviction.

For the purposes of the 3 day notice, nothing needs to be proved. The notice is to inform the tenant that if they don't leave, the landlord will take them to court to get them evicted.

The tenant has a choice to move and avoid court, or stay and potentially go to court and get an eviction on their record.

If the tenant goes to court, it would be well to have proof that he has not been the cause of water damage.

 

[FarmerJ]

Jo since you have not been back I will say im curious as to the age of this building since age of the hidden plumbing ( every thing you cannot see could be rather ancient) Like how my first home was , the majority of the plumbing was what was first put in when that area first got water along with a number of minor changes so when things like the drain pipe for laundry tub rusted thru it was best guess 60+ years old, or when the cold water line finally clogged with rust up to the bathroom the line was original iron pipe.)

 

[LdiJ]

I would like to point out that at least one person here indicated that the OP needed to prove that they did not cause the damage, which is of course incorrect.

The burden of proof in this instance is on the landlord, the landlord is the one that would have to prove that the OP caused the damage. I do not think that the landlord can do that if the landlord has not had a plumber inspect the pipes.

The OP however could aid in his defense by the previous suggestion of taking pictures to show no damage to the flooring on his bathroom.

However, another reason for leaking could also be bad caulking in his tub or shower stall that allows water to leak from the shower/tub directly. That would also be the landlord's fault for poor maintenance.