Renting Problem!!!?

Question

We just moved into a house that we are renting for $900 a month. Over labor day weekend the main sewage pipe calapsed. Problem being my husband and I went downstairs to clean up the basement floor, and we and our son are now quite sick. Not only that, but this pipe has been broken for a week now. Our landlord is playing dumb with us, and seems like he is stalling to get it replaced.

We are upset that we are paying such a high amount, and nothing is getting fixed. Our whole front yard will be dug up from the house to the main road to replace the pipe. We can not flush any toilet paper, as it will clog the remaining opening in the pipe. Very quick showers, and can't use the dishwasher, and have to wash the dishes by hand, quickly so the pipe won't over flow.

We already placed the $900 for this month, but we don't feel we should have to pay that full amount for this coming month, as the ammentities we are paying for are being slashed.

Also we live in Michigan.

* Just to see about opinions. The pipe broke on September 1st. and now the pipe may not be fixed until the end of this coming week. Doesn't this seem a little extravagent for time? The contractor and plumbing guy have been here, and the misdig for marking any lines.

How long would you wait before taking it into your own hands?

By the way thank you, contacting the health department is on my list for Monday

To the ritired contractor:
We do not expect everyone to drop everything for us. But as a renter how long would you expect to not have the problem fixed? I mean you wouldn't mind having sewage waste on your basemnt floor, and then not be able to use the basement? Not only that but we have an infant, and we are all sick. We aren't asking too much. But when the landlord says it will be fixed, then starts to play dumb with us what would you do? Besides the point this is completely unhealthy and unsanitary. Let me know when you would enjoy breathing in all of that bacteria, and I'll invite you over. Then you can tell me it is ok when you get sick from it.

Answer 1

Trannyboy (?!?!!) had it right.

Do not withhold rent unilaterally. You will lose in court/arbitration

Contact the health department/city county state housing authorities

Express your SERIOUS concerns to the landlord in a documented communication

Document EVERYTHING (who,what,when,where,why,how)
(journal, tape recordings, photos, etc.)

Contact your local bar association for help. They can direct you to no/low cost attorneys who specialize in this area of law.

Get medical advice (written) from the family physician.

Digging up the yard-unfortunately this will be necessary to remedy the problem. I wouldn't make an issue of this. You will look like you are trying to paint the worst possible picture, and be as difficult as possible.

Broken supply lines (potable water) the property owner has a little more leeway. Broken waste lines that are exposing ANYONE to sewage (even airborne exposure) he/she needs to address it immediately and with due diligence.
Either your landlord does not know this, hopes you do not know this, or assumes you will rollover and wait until they decide to fix the problem. Educate them (politely, but forcefully if you plan to stay there) that you are aware of your rights and their responsibility.

Great reply to the retired contractor Mkeharr - sounds like the kind of contractor that puts a lot of money in my pocket.
First of all - I'd like a chance to see the plumber that only needs a few minutes to repair a collapsed drain line. Particularly since we have no idea how much line needs to be replaced, or what type of pipe is.
Secondly, I leave non-critical jobs all the time for emergencies. Have never had a complaint because the customers understand, and would want me to leave someone else's job if they had an emergency.
Third, several answerers (including me)specifically offered information designed to avoid trouble, like NOT withholding rent.
Finally, raw sewage outside the house needs to be fixed TODAY. Raw sewage inside the house needs to be fixed YESTERDAY. If the landlord was being exposed to cute little things like Cholera, Dysentary, etc. I guarantee you there would be fifty plumbers at his house.

I found the following by searching for "withholding rent Michigan"

WHAT TO DO IF YOUR
LANDLORD WILL NOT FIX IT
Under Michigan law, your landlord is
obligated to keep your rented house or
apartment in good repair. This means he
or she must fix things like a leaking roof,
defective furnace, clogged drain, broken
windows, peeling paint, etc., as long as
you, the tenant, have not caused the
problems.
A. TALK
To get repairs made, the first step is to talk
to your landlord. Explain the problem, the
importance of the repair, and when you
would like it completed. If your landlord
does not respond to your complaint in a
reasonable amount of time, (depending on
the seriousness of the problem) your next
step is to write a letter.
B. WRITE
Send a letter to your landlord and keep a
copy for yourself. If you think there will
be a problem, you may want to send this
letter by certified mail, return receipt
requested. Explain the problem in detail.
Mention your previous verbal request for
repairs, stating the date of your discussion,
and indicate you will take further action
(see below) if there are any more delays.
C. DOCUMENT
It is very important at this point to
document that:
1. There are maintenance problems,
2. You have given the landlord notice of the
problems and enough time to fix them;
AND
3. The landlord has failed to correct the
problem.
Here are some ways to prove that you need
repairs, that your landlord is aware, but
refuses to make them:
1. Keep a diary of all your phone calls and
conversations with your landlord, note
the date and time, what is said, and
witnesses to the conversation.
2. Make a list of witnesses who have seen
the repair problems you are complaining
about.
3. Keep broken parts.
4. Take photographs.
5. Call the building inspector to come out,
or Health Department inspector, to get
an official report. Point out all the
problems to the inspector. Get the
inspector’s name and a copy of his/her
report.
D. INSPECTION
The building or Health Department inspector
may help you get repairs made. If they find
violations in your rental unit, they should
send a letter to your landlord ordering that
repairs be made within a set time. If your
landlord does not comply with the order, you
may need to contact the department again for
a follow-up.
FURTHER STEPS
If you need to take further steps because
your landlord still has not made the repairs,
you may decide to withhold rent or repair and
deduct (see below).
A. WITHHOLDING RENT
Michigan Law gives you the right to withhold
rent if your landlord fails to maintain your
home in reasonable repair. Before you
withhold rent, be sure you can document your
problems and your attempts to have your
landlord fix it. (Refer to Talk, Write &
Document.) It is also a good idea to make an
appointment with an attorney.
To begin withholding rent, open a separate
savings account and deposit the full rent
amount by the day it is due. This is to show
your landlord and the court that you are not
just trying to get away with not paying your
rent. Send your landlord a letter stating that
you are withholding rent, why you are doing it,
and that you will release the rent when the
repairs are made. Send the letter certified mail,
return receipt requested, and keep a copy for
yourself.
B. REPAIR AND DEDUCT
If you have asked the landlord to make repairs
and the landlord has not done so, you may
decide to pay for the repairs yourself and
deduct the cost of the repairs from your rent. If
you are withholding rent, you may use the
money already in the savings account to pay
for the repairs. (See Withholding Rent)
Again, make sure you can prove that your
landlord knew about the problem and did
nothing about it. It is a good idea to check with
an attorney, especially if the repairs would cost
more that one month’s rent.

Unless I am reading it wrong, it confirms what I, and some others, expressed about withholding rent.
For the person who stated that the health dept. can do nothing. Raw sewage/human waste is a PUBLIC health hazard. That is precisely the role of the Health Dept.

Answer 2

If it had a standard deflector T which directs the material coming out of the disposal down as it travels through then that was a proper installation (unless it was turned sideways in which case it was the wrong T to begin with) and you should be liable for clogging it. Peelings from vegetables are notorious for getting caught at the deflector point. This would be your responsibility. I recommend never putting peelings down a disposal. Since the are thin they can slip thought the slots in the disposal without getting chopped up. If I do put some down it is a few strands at a time. However, a concerning issue is that the plumber decided to replace parts. This then falls under the responsibility of the owner/management company. You should never be financially responsible for repair or modifications that were not broken by your fault. This may be a situation where you may be liable for the portion of the bill in which the plumber cleaned out your clog but not for the modifications. Also in question is the condition of the disposal itself. If the disposal is very old and worn it will not perform as it should and will not process food particles well. This can cause clogging as well. Request a copy of the plumbers bill so you can review the charges. If it is not itemized, then request that the plumber reissue an itemized bill showing fees for clearing the clog and a separate fee for modifying the drain pipes.

Answer 3

first thing- document everything!!!! write down the problem with the date in detail
call/ talk to your land lord and document what was siad and what not
write him a letter- explain the problem in theletter and also that it is now cuasing health issues- send him a letter and make a copy for yourself
take pictures of the problem and keep all of this in a file.
However, the nature of the problem is considered an "emergency"
I have a "practical guide for tenants and landlords"- i also live in michigan
and it reads under the repair and maintenance section"
Emergencies- require action within 24 hrs and pose an immediate threat to the health and safety of the occupant- gas leak, flooding, defective furnace or major roof damage"
it also continues to say:
important steps to problem solving
things included are:
step 1- notify the landlord and provide reasonable time fore repair. (it goes into deatils basically saying to contact them with the problem and what you think the solution should be and that if they have a specific paper you need to fill ouut or not to get one if your land lord uses them. Keep copies of notes and comunication, etc
step 2- contact the building inspector and schedule an inspection- this one is more specific to certain areas and in this case it wouldnt be very good to wait to do it anyhow...
step 3-"if the landlord has failed to make necisary repairs, either withhold the rent and deposit it into an escrow account or pay for the repair and deduct the cost from the rent.
this one is tricky becuase theyre are all sorts of stipulations and thing syou have to do legally to withhold the rental amount.
Becuase it is an emergency situation, i would contact him again and tell him the severity of the problem and that he is responsible for the repair and that you will take further action if it isnt aken care of.
I would say your best bet is to contact a local police dept and ask to speak to an officer and ask what can be done- they will usually help with this. Just explain you rent a place and have burst sewage pipes and your landlord is not fixing them and you dont know what to do or what elagal action to take.
I would also document your families ilness and if you can get notes from doctors as well
anything related to the incident get documented.. if it ever has to go to court you will have all the neceissary info. I had simmilar (not wuite as bad) problems before renting and because i didnt take the "proper" steps i was the one who ended up paying for it in the end.
Try looking for the bookelt i got.. it has a lot of helpful info. it is a free publication from the michigan legislature- i got one from my land lord but she said you can get simmilar materials from the court house. definately worth checking into
good luck

Answer 4

First, don't get to pushy, unless you have another place to move to. The landlord didn't create a conspiracy against you, this just happen. Listening to some of these people will just get you in trouble.

The landlord did start action, he has a contractor, that's a much as he can do. They are not going to drop everything for you, think about it, they have other clients they are working for, they have to finish one job in order to start another.

Contacting the health department, writing letters, complaining, is only going to create a bad condition between you and him.

I would go see him and find out what's going on, get some very basic information and let him know what your going through. He may be at odds just like you are over this. Once they dig up the line, it takes only minutes to repair it.

If this doesn't satisfy you and, it may not, then tell him your going to make other arraignments and find another place, you want compensation for the time spent. You can always go to small claims court after you settle if your not happy with him.

Answer 5

Check out a local community legal clinic but be very careful about withholding any rent or other payment due. In many places that could get you in serious legal trouble. First write a letter to your landlord informing them of what has happened and include dates, times, specific places in the home, a picture of the damage and the effect it is having on you. This will be needed if you go to court. Send it registered mail with a signature required and retain proof from the post office that it was received.

Go to your doctor and attend to your health and follow any advice your doctor gives you. There are many illnesses that are caused by raw sewage and you must be assessed.

Contact your local building standards people immediately and ask them what the requirements are regarding how quickly this must be fixed. If that time has passed then ask them to come and inspect the property and issues a notice of violation. If it hasn't include this date in your letter as when you expect it to be addressed by.

Do not conduct your business with your landlord verbally it will come back to haunt you. It is important that this is repaired properly and promptly. Afterward make a list of what you have lost as a result of this damage. Keep records of bills, attempts to contact landlord and write it down as soon as you can. This will act as evidence if you need to go to court. Don't use a computer to write your records; instead use a notebook that has numbered pages and include the date and time your write something down.

Good luck and the most important thing is medical attention for your family and legal advice for your particular situation.


*Edit* I want to say that Monday is late by my standards in regards to raw sewage. Most districts consider things such as raw sewage to be repaired within 24hrs with the longest I have seen of a week. Most agency have on-call staff for these issues even on weekends. I would call today. At least then you will have local up to date info on the rules regarding these matters.

I am a medic and personally wouldn't tolerate any exposure to raw sewage. Since you are complaining of illness that has presented after you were exposed, you should seek immediate (as in now if you haven't already) medical treatment at the local ER. You may need medications and/or hospitalization to treat whatever illness is present. Your infant is in particular danger. If you don't believe me check out these sites...
http://web.extension.uiuc.edu/disaster/facts/waterbor.html
http://www.americanrivers.org/site/DocServer/Health_Risks_of_Sewage_fact_sheet.pdf?docID=6161
Please seek immediate attention for your entire family.

Answer 6

By law, the landlord is required to make the dwelling (whatever it is) habitable, and having human waste swilling around in your basement and having toxic fumes from that engulf your house is illegal. Withholding your rent is fully within your rights considering that it's illegal, unhealthy, and unsafe. Send him a certified mail about this, and if he doesn't respond - send him a second one, but be advised... this is an emergency considering the entire family's health - you are allowed to hire a professional without his permission and bill the landlord for the work. Unfortunately, the health department won't be able to do anything about it. BUT... call the city inspectors' office. They will fine the landlord and take him to court. ALL buildings are subject to a city's building codes/regulations/ordinances. I've done this before.

Answer 7

I can't address the state laws in Michigan, but in most jurisdictions, you would have the right to withhold rent, hire someone to make the repairs and withhold next months rent,
get the building inspector to order repairs or break the lease summarily. See below for something a bit more authoritative.

http://www.nolo.com/article.cfm/ObjectID/50990842-CBA7-40DB-A7E5F07160C7EBC1/catID/5944A0DA-71B3-49EA-BF5D300558FB66A9/213/178/ART/

http://www.nolo.com/article.cfm/ObjectID/F7E7C415-8893-4C68-9F9D9173D25977B8/catID/31250834-6A2E-4970-9EDD4DAF221A0C7E/104/138/ART/

Answer 8

SEND THE LANDLORD A REGISTERED LETTER,
MOVE TO HOTEL TEMP AND USE RENT MONEY TO PAY FOR TILL FIXED
MAKE SURE HOUSE IS PRO CLEANED AND CONTACT RESTORATION COMPANY FOR SANITIZING HOUSE AND YOUR PERSONAL STUFF.
LIST ALL THESE TYPE ITEMS IN LETTER, NO ACTION CONTACT THE HEALTH DEPT, HOME MUST BE LIVABLE TO COLLECT RENT.

Answer 9

yea, go to a hotel. give the landlord the bill.