Apartment water leak problems!

ColemontHD

Banned
Oct 4, 2006
477
0
0
Hey gang. Came home today to find out apartment(kitchen) was aboust 1/2 inch deep in water around most our utilities. Come to find out, the apartment above us had a pipe bust/leak(they are unsure as of yet). So, needless to say, above our kitchen is water damage. They are going to have to take out the ceiling, the floor, and various other things.

Now, we live in a one bedroom apartment and were wanting to move into a 2 bedroom. A couple of months ago, we asked the apartment personal about this, and they said we could, after we paid this months lease, another months lease to break the lease, then pay the first months rent, totaling nearly $1500. This was total bullshit. So, after tonight, we have decided that tomorrow we should go down there and ask them to move us(simply because we WILL NOT LIVE in this apartment with all the construction, mold, smell, and various other things that may go on with this.

So, what do we do here? We really cant live in this apartment anymore, but we are NOT going to pay double or triple to break the lease. We simply want to move, into the same apartment complex, and get a 2 bedroom, thus paying more monthly and making them more money. How should we aproach this? Is there anything more we should know going in to talk to them tomorrow? Any suggestions?

Any and all help is much appreciated!
 

SonnyDaze

Diamond Member
Jul 31, 2004
6,867
3
76
Sounds like a fine time to get out of there.....and tell the landlord if he/she doesn't oblige, you'll take them to court. Do you have electric appliances (stove). Sounds like a safety hazard with all the water and your electrical kitchen applicances. You shouldn't have to live in there while they do the re-construction for the place upstairs.

 

AStar617

Diamond Member
Sep 29, 2002
4,983
0
0
I am a landlord in MA... IANAL....

At least up here, I believe the landlord is required to provide living expenses for alternate housing for some period of time if the unit becomes uninhabitable thru no fault of the tenant. You are, however, bound by the lease so don't expect to simply walk away from the unresolved issue and have no repercussions.

My suggestion: Take pictures of *everything* and withold rent with cause until you are placed elsewhere, at least temporarily. The potential mold issue is one you can probably run with. Check your local laws to see if this situation puts you within your tenant rights to do so.
 

SoulAssassin

Diamond Member
Feb 1, 2001
6,135
2
0
I have an idea, how about you ask a bunch of strangers on the internet to make a decision about something that may or may not be resolved by something you already decided to do tomorrow morning?
 

imported_weadjust

Golden Member
Apr 23, 2004
1,561
1
0
I see you are in Texas the mold litigation capital of the U.S. The mold issue may work to your advantage. I once read an article written for Lawyers called "Mold is Gold"

If they make you stay. Tell them you would like someone to come out with a mositure meter and determine that the wall and ceiling cavities are completely dry before intsalling the new drywall.

 

Squisher

Lifer
Aug 17, 2000
21,204
66
91
I agree with the "take pictures of everything" You can threaten to go to the city/building inspector to have the certificate of occupancy revoked.

If you withhold rent, put it into an escrow account.

 

ColemontHD

Banned
Oct 4, 2006
477
0
0
Originally posted by: Squisher
I agree with the "take pictures of everything" You can threaten to go to the city/building inspector to have the certificate of occupancy revoked.

If you withhold rent, put it into an escrow account.


I took lots of pics just now. Will take them with me tomorrow to show them.
 

AStar617

Diamond Member
Sep 29, 2002
4,983
0
0
Originally posted by: doze
Originally posted by: ColemontHD
Originally posted by: doze
Move into a 2 bedroom and get a discount

What kind of discount?

You should ask for cheaper than the standard rental rate for your trouble.

Clearly you still live at home. Bedroom or basement?

Thanks for playing, but it's not even close to working that way in the real world.
 

AStar617

Diamond Member
Sep 29, 2002
4,983
0
0
According to this site on tenant rights in Texas, you have nowhere near the leverage as a tenant up here might (again, IANAL):
Step One:

Make sure that you are caught up on your rent and any other obligation you might have with your landlord. You generally cannot withhold your rent even if the landlord has failed to repair a problem it should have. Withholding rent will likely just get you evicted in Texas. Remember, Texas laws are passed by the Texas Legislature which is lobbied by the Texas Apartment Association (TAA).

Step Two:

Notify the landlord in writing of the problem(s) and keep a copy. An oral notice rarely triggers your legal rights and an oral notice is difficult prove. The written notice should have the date, the type of problem, and your name and address. It is also a good idea to ask in the notice why the problem has not been fixed already (if you have told them about this before). Use our form notice if you like. You can deliver the notice in person to the manager or other person who collects the rent, but sending the notice certified mail, return receipt requested, is the best choice for two reasons: first, you will have solid proof that the landlord got your notice; and second, according to the repair statutes, you only have to give a landlord one notice of a problem if it is sent certified (and the manager also knows you mean business). See Tex. Prop. Code § 92.056(a)(3). If you deliver the written notice in person or regular mail, then to secure your rights under the repair statutes you must send the landlord two notices giving the landlord time to repair the problem.

Step Three:

Wait a reasonable time. The repair statutes presume a reasonable time is seven days. But clearly a reasonable time will be shorter in some situations and longer in others. See Tex. Prop. Code § 92.056(d). If you do not see an adequate response to your notice, you should consider photographing the problem area for future use as evidence.

Exception for Repair Statutes: If your dwelling unit is damaged from fire or unusal weather (e.g., hail, tornado) the landlord does not have to make any repairs required by the repair statutes until it receives the insurance money, if the rental unit is insured against these damages. See Tex. Prop. Code § 92.054. Again, this exception only applies to the repair statutes as described below. The tenant could still argue that the landlord is breaching the lease agreement or that the landlord is violating a municipal ordinance regardless of whether the insurance company has been paid. If pressured, landlords will often offer relocations to other rental units they have available without putting up new fees, deposits or increased rents.

Step Four:

There are essentially three sources of authority in the law that can help you either prosecute or persuade the landlord to act:

First Source: Lease Agreement.

Most leases talk about what the landlord is responsible for, and what the tenant is responsible for. The standard form lease drafted by the Texas Apartment Association (TAA) states in part: "We'll maintain the dwelling in good order and pay for repair and maintenance ... ." If you have a lease with this provision you can use this provision to assert that the landlord is responsible to fix dish washers, leaking faucets, and more serious matters. There is very little in most leases that help tenants; what little there is you need to take advantage of.

Second Source: Repair Statutes

Under Texas law, regardless of what the lease says the landlord is required to repair problems that affect the physical health or safety of an ordinary tenant and are not caused by the tenant, occupant, or a guest. (If the problem developed from normal use of the premises by the tenant, occupant or guest, the landlord is still responsible for repair.) For example, leaking plumbing, rodents, broken air-conditioning in extremely hot temperatures, sewage leaks, shattered sliding glass doors or caved ceilings all affect health and safety. Although a non-working garbage disposal or a leaky faucet is inconvenient, it may not materially affect health or safety.

Third Source: Municipal Ordinances.

Most cities have minimum housing standards that a landlord must comply with. For example, most cities require hot water to be available in the kitchen and bathroom of all dwellings, and that it must meet a specific temperature. Check with your city to determine if there is an applicable ordinance that addresses your problem. Here are links to ordinances of many Texas cities:

City Codes of over 100 Texas cities

Dallas Online Complaint Form

Austin City Code (select "+" on left to expand table of contents)

Fort Worth Online Complaint Form

Step Five:

Consider your six not so great options:

Option #1) terminate the lease and move (the landlord often refuses to give back your deposit and gives you a bad reference so you have to sue to clear all this up anyway);

Option #2) file suit to obtain damages and an order requiring the landlord to fix the problem (it's easy and has fewer risks);

Option #3) have the problem repaired and deduct the cost from the rent (this is hard to do correctly, and most landlords file for eviction for nonpayment anway which is not great for your rental record even if you win);

Option #4) notify the city code inspector about the problem (if you tell them you have donuts or are related to the mayor maybe they will write the landlord a ticket);

Option #5) fix the problem yourself; and/or

Option #6) live with it until your lease expires (landlords expect this option).

WARNING: Do not attempt to utilize any of these options before carefully reading more about each. If you improperly terminate your lease or deduct repair costs from your rent you could expose yourself to liability.
Several of these were hyperlinks (like all the options in step five). You should visit that site and read the original for full functionality. You should probably keep that site handy in general, as it has pages with great info pertains to your rights in most any situation that might typically arise.

Good luck. :beer:
 

rgwalt

Diamond Member
Apr 22, 2000
7,393
0
0
Keep us updated as to what is going on. I am willing to bet that they will allow you to relocate into a 2 bedroom on-site without paying the extra fees. I think it is BS that they asked to break the lease in order to move within the facility... Most well run apartment complexes that I have encountered do not make those kinds of requests. If you want to move mid-lease and they have an open unit available, typically they will let you move without issue. I guess around here places want to keep the tenants happy as it is a renters market (I don't think I've seen a complex with a waiting list, except for maybe the super super cheap places geared towards students).

R
 

ColemontHD

Banned
Oct 4, 2006
477
0
0
Originally posted by: rgwalt
Keep us updated as to what is going on. I am willing to bet that they will allow you to relocate into a 2 bedroom on-site without paying the extra fees. I think it is BS that they asked to break the lease in order to move within the facility... Most well run apartment complexes that I have encountered do not make those kinds of requests. If you want to move mid-lease and they have an open unit available, typically they will let you move without issue. I guess around here places want to keep the tenants happy as it is a renters market (I don't think I've seen a complex with a waiting list, except for maybe the super super cheap places geared towards students).

R

Well, we are waiting to hear back from the apartment manager right now. Will get back with you when I can.
 

woowoo

Platinum Member
Feb 17, 2003
2,092
1
0
It is the landlords responsibilty to move you.
Offer to move yourself for the 2 bedroom
 

chusteczka

Diamond Member
Apr 12, 2006
3,399
3
71
Contracts are entered into under a "good faith" obligation and presumption for both sides.
There is often a clause in the contract stating the landlord will ensure the property remain in livable condition.
Severe water damage may be considered to be enough to create a non-livable condition.
 

rgwalt

Diamond Member
Apr 22, 2000
7,393
0
0
Originally posted by: ColemontHD
Originally posted by: rgwalt
Keep us updated as to what is going on. I am willing to bet that they will allow you to relocate into a 2 bedroom on-site without paying the extra fees. I think it is BS that they asked to break the lease in order to move within the facility... Most well run apartment complexes that I have encountered do not make those kinds of requests. If you want to move mid-lease and they have an open unit available, typically they will let you move without issue. I guess around here places want to keep the tenants happy as it is a renters market (I don't think I've seen a complex with a waiting list, except for maybe the super super cheap places geared towards students).

R

Well, we are waiting to hear back from the apartment manager right now. Will get back with you when I can.

Any word?

R
 

ColemontHD

Banned
Oct 4, 2006
477
0
0
Ok. I am back guys after a long day.


We are moving, into a 2 bedroom apartment, with the most beautiful view ever, right on a golf course. It is on the first floor, 2 bed/2 bath. It will be about $200 more a month, but this was something we had decided on awhile back. They are not making use pay the fee to break the lease. We are moving out of this apartment and into the new one on the 17th. We will be paying a pro-rated amount for the 13 days of this week. We had already paid this months rent, but they assure us that from the 17th until the last day of the month, we will be refunded(not sure how long that will take). We had to pay a new deposit fee of $200, but will also be receiving a refund from the first deposit on the current deposit. Why they wont just give us "Credit" for all the money being paid/refunded for this new apartment is beyond me. They are also giving us 3 days free from the 17th to move in, so technically we will only be paying 10 of the 13 days left this month.

As for between now and then, well, they have to reconstruct the kitchen. This cant wait until we are moved. So, what more do you suggest I do?
 

Old Hippie

Diamond Member
Oct 8, 2005
6,361
1
0
I dunno. Your apartment is definately gonna be unpleasent, but uninhabitable? If there's a big hole in the ceiling, and it makes cooking unsafe? Maybe the repairs could be done in the other apt. 'till you move? If they balk at 100% reimbursement maybe you could go half?
You're gonna hafta feel this one out.
 
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