Landlord does not respond to leak problems?

Question

I live in a big apartment complex. A while ago, I had a leak from the ceiling directly above the toilet seat. I called the landlord 10times within the past six months and maintenance did not fix the problem. The person at the leasing office said you do not have an emergency. Finally, I went to the housing authorities and she said "The landlord has no right not to respond to a leak in an acceptable time frame." She called up the landlord and maintenance was fixed the leak on the sameday. I have another leak from the ceiling in my apartment. I sent a notorized letter to the leasing office and they have not responded within an acceptable time frame. Perhaps they do not consider a leak an emergency? Regardless, I pay $650/month for rent and they should immediately respond. If my Dad has a leak in his apartment, maintenance will be in there the sameday he complains about the problem. My Dad spends $2500/month for rent.

Does my comfort matter to the landlord? Personally, I think my apartment is "habitable" with the leak, but why has the landlord refused to respond within an acceptable timeframe? I will not pursue legal action because I do not think my apartment is unhabitable with the leak. What if my apartment becomes uninhabitable with the leak a year from now because the landlord did not respond? Should I just try to pursue legal action for my own well being?

My lease says maintenance will fix an unhabitable problems.

Answer 1

If you really want to play hard ball you can deposit your rent into a seperate bank account (instead of sending it to the landlord) and then send the deposit receipt to the landlord. Tell the landlord they have failed to maintain the property per the lease so you are withholding your rent until the problem gets fixed. The landlord will probably go ballistic but they will quickly realize the easiest way to get their rent is to fix the problem, so thye will.

FYI, having been a prior landlord with this problem many times - much of the problem from the landlords point of view is that the one who is really responsible (and causing the leak) is the unit above you. Still, the landlord themselves will probably end up footing the bill (or sueing the unit above you) as its really hard to get the other unit owners to pay even when they are at fault. So to him this is really annoying he knows its not his fault but has to handle it and probably pay the cost. Nonetheless this isn't your problem and he should regardless get this fixed.

Answer 2

Look: call the county or city office of housing code enforcement about the leak. Leaks are almost always violations of housing codes and the county or city can order it fixed. It could be a health problem if it's from the sewer line and even if it's from the water line, it is likely to cause mold inside the walls or ceiling. It's also a violation of most leases, which promise to maintain the property in good condition. If you give proper notice and it's a code violation and not fixed in a reasonable time, you may have the right to start paying your rent into escrow with the local court system until you can get a trial on how much of a rent reduction you're legally entitled to.

Answer 3

The apartment doesn't have to be uninhabitable, it just has to be a health hazard, and a leak in the ceiling is a health hazard.

The water can lead to fungus growth, it can also deteriorate the structure of the ceiling, putting you at risk, should it (or part of it) fall in.

Rather it's an emergency or not, and rather it renders the apartment uninhabitable or not, isn't an issue -- a leak is a safety concern, and needs to be repaired.

Check your local statutes and case laws, and see if you can do rent escrow -- MAKE SURE you're allowed, before you do it . . . basically, it's a way to withhold rent from the landlord until the problem is fixed (you, of course, still have to pay the rent, you just pay it . . . usually to the clerk of courts who will hold it) until the problem has been rectified.

Answer 4

That leak could very well cause you health problems, in form of mold and mildew. Even- or perhaps especially- the toxic variety. And your landlord sounds like he really does need a boot up his rear end. Call the housing authorities again, and be prepared to sue the socks off this lad. If you talk with your neighbors, I bet you're not the only one who has had trouble with him.

Good luck!