upset tentant

[3penny3]

California
I have lived in my apt building over 16yrs.my boyfriend has lived here over 25yrs.last mo the building was sold to a Corp.two weeks ago they put all new tolets in the apts.we had two put in,within the last week both have been leaking,the upstairs so bad it is soaking wet the carpet is over 25yrs old and never been replaced.we told the office last week about the problem they informed us everyone is having a problem they sent a repair man in to look at it,he tells us they weren't installed right so don't use the tolets he would be back it is now Sun.and we have had to go all week-end with this situation and the leak has got worse and the downstairs bathroom is now also leaking.The Corp does not have a manger living on the grounds so we can't get a hold of anyone.we don't know the name of the Corp.it wasn't given to the tentants.we are at a loss,what do we do?

 

[FarmerJ]

If you have the companys address type up a letter , Tell them they need to provide a 24/7 contact phone number in case of emergency. In the letter tell them what happened and tell them if this repair takes too much longer you will have no choice but to call for a city /county inspector to come in and take a look at it. Make copies, send the letter via local courier if they can deliver it same day. Send one copy via fax or certificate of mailing on Tues to back it up . TAKE pics of the damaged areas for your records. Store your copys of everything in a safe place.

 

[Cvillecpm]

Call the local environmental health dept and building inspector on Tuesday and advise them that all of the building residents have been advised not to use toilets that were installed incorrectly * THEN alert the media!!

This corporate landlord has STUPID employees

 

[Hot Topic]

Look up the California tenant/landlord laws. Where I live, there has to be a manager on site if the building has 12 units or more.

There's no manager, but there's an office that told you that everyone was having a problem with the toilets and sent the plumber out to look at yours? Why can't they give you the corporation's name and address?

You need to call the health department and the building inspector first thing Tuesday. There's no telling what's getting into your apartment along with the water.

 

[CA LL]

Sorry but CALIFORNIA STATE LAW only requires an onsite person when there are SIXTEEN or more units not 12. Just thought that needed to be corrected. If your LOCAL government requires it that's different but STATE LAW is 16+.

That being said I have one with only 12 and wouldn't be without it and it "shows" on my property vs those w/o one of the same size.

What a horrific PITA...did they use some fly by night installer or what? Different size drain at bottom? Didn't replace wax rings? How could they ALL leak like that? Weird.

 

[OHlandlord]

What a horrific PITA...did they use some fly by night installer or what? Different size drain at bottom? Didn't replace wax rings? How could they ALL leak like that?

My guess is that they used the wrong wax rings. They used the cheapest flat wax rings that are out there to save a few bucks on each toilet. However, some toilets require a wax ring with a collar or throat attached to them (especially if they have thick flooring or subfloors). Without this on some toilets or floors, they will leak every time. That'd be my guess anyways.

 

[Alaska landlord]

It is also possible that the sewer lines are freezing causing the toilets to leak

Just happened to me last night!

 

[pCubed]

Implied Warranty of Habitability

Your strongest legal word to use is the Implied Warranty of Habitability. A LL has the duty to maintain the rental units in a habitable condition.

You really should let the LL know in writing that they have the duty to make sure the plumbing works. Otherwise you can repair and deduct, withhold rent, pay for repairs, or move.

However, before you make the repairs, make sure you notify the LL and give a reasonable amount of time for the repairs to be made.

This is just ideally what the law says should happen. I found that sometimes Code Enforcement gets things done a lot quicker than a written notice. If the code enforcement finds something seriously wrong, they'll red tape the place and the LL has to pay you a moving expense until they fix it. Good luck.

 

[LindaP777]

Otherwise you can repair and deduct, withhold rent, pay for repairs, or move.

OMG! WRONG! Please do not give "legal advice" unless you know what the h*ll you are talking about! Your advice would get someone evicted!

 

[pCubed]

.

OMG! WRONG! Please do not give "legal advice" unless you know what the h*ll you are talking about! Your advice would get someone evicted!

http://realestate.findlaw.com/landlord/landlord-repairs/tenant-repairs-standard.html

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=13984710139+0+0+0&WAISaction=retrieve

I actually do know what the h*ll I'm talking about. California Civil Code 1941.1 and CC 1942 are the statutes I'm referring to. In egregious cases of violation of IWH, the above actions are possible. It's definitely there.

Obviously at this point, the OP needs to give the LL reasonable notice. We don't know whether the leak is enough of case to constitute a violation of IWH. I've handled a client case with the same fact patterns where a leak in the toilet caused complete destruction of the apartment floor and code enforcement had to red tag the place. Obviously, I don't know if this OP is the same as that, but the OP should definitely give code enforcement a call. They're probably the better judge of the conditions.

What's going to happen if the OP withholds rent (which isn't likely yet and certainly not advisable, because reasonable time period to repair hasn't been given), is that a LL will file an unlawful detainer against OP. The OP will have to file an answer and assert the defense of IWH. That, however, is for the judge to decide. If OP loses the case, the UD will stick on the OPs housing record, and will make it more difficult to find a new place.

Sometimes, smart people think they know everything, but the truly smart people know that they don't know everything. The advice I have given is sound.

 

[LindaP777]

What's going to happen if the OP withholds rent (which isn't likely yet and certainly not advisable, because reasonable time period to repair hasn't been given).

Otherwise you can withhold rent.

So, do you advise holding rent or not?

This is from the links you posted;

Q: May the tenant withhold all the rent?
A: A tenant might do that, especially to get the landlord's attention. But the landlord could reply with a notice to pay up or get out. And if the premises remained habitable at least to some extent, some rent would be owed. It would be up to a court to decide how much of a reduction is justified.

Q: Must the tenant put the withheld rent money in an escrow account?
A: There is no legal requirement to do that. But it might be a good idea, so that the money would be readily available if needed. Some local landlord-tenant ordinances might require that the rent money be placed in escrow in the event of litigation. When a case goes to court, the judge is likely to ask if the disputed money is available.​

And my instruction was also correct. Your advice to withhold rent could get someone evicted!

 

[pCubed]

Otherwise you can repair and deduct, withhold rent, pay for repairs, or move.

However, before you make the repairs, make sure you notify the LL and give a reasonable amount of time for the repairs to be made.

Maybe I could have phrase my sentences better. That "however" was meant to say there's more. Give the LL notice and reasonable time to make the repairs. Then the above can be utilized.

To simplify things, do these in order:

1. Give LL written notice
2. Call Code Enforcement
3. Give LL reasonable time (30 days is considered reasonable)
4. Then the more drastic actions of deduct and repair, withhold rent, etc.

#4 is a bit riskier, because of the possibility of getting evicted, but if it comes down to it, it is a legitimate option.

 

[LindaP777]

Sometimes, smart people think they know everything, but the truly smart people know that they don't know everything.

Well, at least we agree on something!