rental house in Feb. 2007, I have called my landlord innumerable times because of sewage backup. If I do laundry, the rinse water comes back out of the drain, in addition to flooding all three sinks in the house. Once, while my son was taking a shower, the tub, toilet, and all three sinks overflowed, flooding the entire bathroom. Two weeks ago, my daughter took a shower, then used the toilet. After she flushed, the toilet backed up into the tub, leaving used toilet paper, sewage, and the tampon she just changed. This past week, my landlord again supposed "fixed" the drainage pipes. Last night, once again, the laundry drain overflowed, along with the two kitchen sinks. I not only had to clean up the mess in the laundry room, but rewash the dishes I'd just wash, and disinfect all the sinks in the house. Again. I cannot tolerate these conditions, and it's a daily nightmare. Can I legally break the lease?
2007-11-02 03:30:27 · 6 answers · asked by liebchen2 1 in Business & Finance ➔ Renting & Real Estate
Yes you can.
2007-11-02 03:40:26 · answer #1 · answered by Eve 7 · 0⤊ 2⤋
Nope you cannot break the lease. You are the reason you live in your daily nightmare. Tampons are not supposed to be flushed. Nothing goes in the toilet but crap and toilet paper. Pipes are not made to handle anything else.
Sorry, but if I was your landlord I would be hiring a cleaning crew, gettting a plumber, and billing everything to you.
If you have a daughter old enough for tampons, then YOU should know better. Shame on you. And you are trying to make this the landlords fault. You should be on the bad tenant website.
The minute that plumber pulls out all the tampons (and trust me, they are still there), that landlord is going to be screaming at you. And you are getting the bill. And if it happens again, you will probably get the boot.
Boston, good catch. I missed the tampon part until you mentioned it and I re-read it.
2007-11-02 11:24:11 · answer #2 · answered by kimmamarie 5 · 2⤊ 0⤋
I was about to say you have a case until you mentioned your daughter's used tampon. Those are NOT to be flushed down the toilet! It sounds as if your daughter (and maybe yourself if you do the same thing) are the cause of the drainage backup. Based upon that, you do NOT have good reason to break the lease. If I were your landlord, I'd be billing YOU for the cost of auguring out the drains and repairing any damage to the premises.
The ONLY things that should go down the bog are human waste and toilet tissue! NEVER toss ANYTHING else in the toilet! I've pulled cat litter (the clumping "flushable" kind is the worst -- it is NOT flushable, it forms a concrete-like plug!), tampons, sanitary napkins, diapers, clothing, toys, glasses, tape cassettes, underwear, candybars, huge wads of bubblegum and countless other inappropriate items out of sewage lines. The tenant gets the bill for all of these if they've been in the property more than a couple of weeks. If you cut an 8 pound deuce and it backs it up, no sweat. But anything else -- including excessive amounts of toilet paper tossed at once -- gets billed back to you.
2007-11-02 11:03:03 · answer #3 · answered by Bostonian In MO 7 · 3⤊ 1⤋
Write up a letter of notice to your landlord stating the issues that you have been having in detail and how they violate the terms of your lease agreement (perhaps directly cite the lease agreement wherein it guarantees ample living conditions). Mention a time frame (2 weeks would seem fair) that the landlord has to rectify these issues, and that if your requests are not met in that amount of time you will be voiding the lease agreement. Also mention that if this is what takes place, you are to incur no fees or penalties (a.k.a. you should receive your security deposit back), and if the landlord is not compliant you will file a complaint with your county's small claims court. Sign the letter, send it, and keep a copy for yourself.
At this point, you should take pictures of the issues and make sure you have all documentation (such as your copy of the letter and lease) in the event that you do need to take this to court. I would also have a friend that is familiar with the situation ready to testify that the conditions are unacceptable. This should put you on the right path to correcting the issue. If you end up needing to file a dispute, go to the courthouse in your county and tell them you would like to file a small claims dispute. It is simple, cheap, and meant to be used by average people in situations such as this.
Good luck!!
2007-11-02 10:45:14 · answer #4 · answered by Matt N 2 · 0⤊ 2⤋
Taking pictures would be a good idea too. Make sure you log all of the issues. Tell them that you do not want to stay there anymore do to the issues you have been putting up with. Let them know that you want your deposit back (if their was one). Even if they took you to court they would probably be humiliated by a judge. Don't ask them "Can I break my lease?" Tell them "I am going to break my lease and I expect you will do the right thing by giving my deposit back in full due to the living conditions that my children and I have been in. Hopefully we can solve this problem on our own in a timely manner and not have to take it to the next step."
Good luck!
2007-11-02 10:49:14 · answer #5 · answered by Cat 3 · 1⤊ 2⤋
most of the time you can, just be sure to document the conditions and the times you have asked the landlord to fix the issues. Check with your local legal aid for assistance.
2007-11-02 10:36:31 · answer #6 · answered by jimmy dean 3 · 0⤊ 2⤋