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What to do about land lord? - Plumbing Issue

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firstbase32

Shiny_Rock
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May 12, 2006
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So I have contacted our land lord several times (he lives in Northern Michigan and the apartment is south of Chicago) because the apartment we are going to move into after the wedding has VERY murky water. We bought a brita pitcher that we use to filter the water and we hadn''t taken the lid off after the first filtering cycle until this past weekend and noticed the bottom was covered in mud. This obviously shows you how nasty the water is...he stated that a pipe burst in Feb. because it got so cold and that we will have to wait for the pipes to clear. The neighbors have lived there for 4 years and said it''s happened like 4 times and this time I just hasn''t got better. My dad''s a plumber and says he can fix it. He could buy and install the parts but I was wondering if we should just tell the land lord he has to find someone to fix it just to eliminate any chance that my dad messes something up. Also...he hasn''t even contacted anyone about this issue and it''s been since Feb. If I contact a plumber and have them fix it and pay for it can i take this off my rent? What is the length of time I should give him? Thanks for the help....my fiancee is flipping out about this guy because we move in in 6 weeks and the water is so nasty we wouldn''t even shower in it.....UGH! stupid people trying to be land lords!
 

Hudson_Hawk

Super_Ideal_Rock
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I''m not a lawyer but I believe legally you must notify him of the problem and give him a chance to rectify it. That means, send a form letter to him expressing your concerns and the problem and give him a full 30 days to get someone in there to fix it. State in the letter that you will wait that long and then pursue having the repair done by a qualified plumber of your choice and you will take the cost of the repair off of the rent. My landlord allows this a lot. It''s easier than writing a check and I just send him the bill/receipt unless it costs more. I had to have the toilet replaced in my apt last year and I set up the letter the way I mentioned above and he had someone in a week later to fix it.
 

FireGoddess

Super_Ideal_Rock
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Jan 25, 2005
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12,145
See, I''m of the mind that a landlord is there to tend to the problems, not wait me out until I get them fixed on my own dime and wait for reimbursement or lop it off the rent. That''s one of the perks of not owning your own place - it''s someone else''s headache. If it has been like this since FEB, I would seriously send a letter stating your concern that this will be fixed by the time you move in, which you have every right to expect/demand.
 

starryeyed

Ideal_Rock
Joined
Nov 6, 2006
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2,398
I would check the language in my lease. In addition to the lease, I believe the landlord must comply with the Residential Landlord and Tenant Ordinance. I am not a lawyer, but I would think that clean water is a basic tenant right. I would start a paper trail - send him certified, return receipt letters about the matter and keep records of all conversations.

I would try to follow the time allowances and deadlines under the Ordinance. So if it says he has 30 days to rectify a health problem, stick to that time-frame. If he doesn't respond by the deadline, threaten to have the repair done yourself and deduct the money from your rent.

I would think about whether it makes sense to stay in this apartment. If the landlord is difficult about providing clean water, imagine how he would be about handling other problems. Like what if someone tried to break in and you wanted the locks changed, or deadbolts installed? You may not want to stay in a place owned by a "deadbeat landlord".
 

KimberlyH

Ideal_Rock
Joined
Jun 15, 2006
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7,485
I talked to my husband about this last night, he''s a landlord in CA. He said you should check your lease. There are habitability laws that require that at least 1 water source produce usable water (so if you have three baths, only one toilet must be operable, etc.). Go back to your landlord with your lease and, if possible other tenants who are as frustrated as you are, and inform him that you will turn him into the Housing Authority if he doesn''t do something to resolve the problem in X days.
 

firstbase32

Shiny_Rock
Joined
May 12, 2006
Messages
366
I have definitely been seeking advice. It was really odd that when we signed the lease he never gave us a copy of it...which really ticks me off. I am going to write him a letter today and tell him that he has until the beginning of May to get this problem fixed and if the water is not fixed by then I will then seek out having someone fix it. I talked to my parents about it and they said that I should call Callagin (i''m not sure if that''s how you spell it) and see if they would do a free inspection where they would test the water and see if it''s drinkable and what not. I was told that a large part of the reason why the ex-renters moved out was because of the water issue. I had my dad who is a license plumber look at it and he said he thought he knew how he could fix it, but I told him that I would much rather him not get involved in fixing anything major like that because if something in the future becomes an issue this guy would probably turn around and blame it on my dad and try to have us pay to get whatever is broke in a few years.

In the letter I am going to demand:
A copy of the lease
The water fixed by May 1 or I will take care of it and subtract it from my rent
A bit of the information that I discovered regarding the matter
A detailed report of the times I have tried to get him to fix it


anything else i''m forgetting to include?
 

enbcfsobe

Brilliant_Rock
Joined
Jan 17, 2007
Messages
1,154
Date: 4/4/2007 1:13:16 PM
Author: firstbase32
I have definitely been seeking advice. It was really odd that when we signed the lease he never gave us a copy of it...which really ticks me off. I am going to write him a letter today and tell him that he has until the beginning of May to get this problem fixed and if the water is not fixed by then I will then seek out having someone fix it. I talked to my parents about it and they said that I should call Callagin (i''m not sure if that''s how you spell it) and see if they would do a free inspection where they would test the water and see if it''s drinkable and what not. I was told that a large part of the reason why the ex-renters moved out was because of the water issue. I had my dad who is a license plumber look at it and he said he thought he knew how he could fix it, but I told him that I would much rather him not get involved in fixing anything major like that because if something in the future becomes an issue this guy would probably turn around and blame it on my dad and try to have us pay to get whatever is broke in a few years.

In the letter I am going to demand:
A copy of the lease
The water fixed by May 1 or I will take care of it and subtract it from my rent
A bit of the information that I discovered regarding the matter
A detailed report of the times I have tried to get him to fix it


anything else i''m forgetting to include?
I would consider adding that any further problems with getting drinkable water in the apartment, if not resolved within X days of a maintenance request, will result in you having the right to withhold rent until the problem is resolved and/or will result in you reporting the condition to the local health/safety officer or building inspector.
Please remember to send the letter via some method that can be tracked -- certified mail, fedex, fax -- something where you get a confirmation that it has been received. Getting a signature is even better. Remember to keep a copy of the signed, dated letter for yourself.
I would seriously consider finding another apartment if you possibly can. This guy sounds like a slumlord, and the last thing a newly married couple needs is to deal with having an apartment that is unlivable and constantly fighting with a landlord. You might be able to get out of the lease based on the argument that the apartment is not habitable because it does not have decent water (sometimes called "potable"). I would take some time to look up or ask about the law on this. Try calling your city councilman or equivalent -- they should be able to give you some information or direct you to someone who can help. You don''t necessarily need to report this guy now, but you can ask for information anonymously about what to do in such a situation. Good luck.
 

firstbase32

Shiny_Rock
Joined
May 12, 2006
Messages
366
I have already contacted a friend that used to work for the health department. She has yet to respond to my e-mail but hopefully she''ll know what the standards in our area are. I''m assuming they''re going to have to be pretty high because we live fairly close to Chicago in a nice neighborhood. We manage the property for him down here while he is up in Michigan and I''m about to the point where I am going to say that I will no longer go out of my way to help him get business if he is not willing to help us out.

As for looking at another apartment....we are both full-time college students and are getting the apartment at a VERY good deal which includes utilities. Other apartments that are the same size are double the price and do not include utilities....so it''s just hard to say we''re leaving when in reality we cannot afford to......but i guess the other apartments do have clean water haha
 
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