bad plumbing in apt: recourse?

[nostatic]

OK, I moved into this apt back in Feb. Since then I've had to call the management company 5 different times for plumbing problems (once the kitchen sink backed up, 4 times the shower/bathtup/toilet). The bathroom has been horrific, with raw sewage backing up in Nov, and now twice in Dec.

For the first two incidents they sent out their plumber and they snaked it. I later got a bill for $120 since they said plumbing to the main was my resonsibility. I ignored it. Then when the raw sewage backed up on a Saturday night in Nov. and I didn't get a call back from then within 24hours, I called a plumber and they came out and snaked it for $170. I then sent last month's rent check in minus the $170 along with a letter detailing the incidents and explaining why not only was I not paying the $120 bill, but was subtracting the $170.

So their plumber came out this past monday to "fix" it again. This time removing the toilet and running a bigger snake. The issue seems to be roots in the line. I had to leave for the airport but came back 2 days later and it was fixed (of course I had to again clean out the raw sewage residue in the shower). So this morning it backs up again. No raw sewage, but I hear the familiar "glug glug" of the toilet as it backs up.

So what can I do? I'm going to move out in Feb when my lease is up, but I'm thinking that providing functional plumbing is kinda part of the deal for the landlord. Write a letter and not pay any more rent until they fix it right? Call the health department? Get an attorney (I'm broke right now until the divorce settlement check comes through though)?

[rrsrsr]

Try here:
http://cris.lacity.org/cris/informationcenter/code/index.htm

?

[Don Plumley]

I assume you have no response to the shorted rent check, so the landlord accepted this?

Anyway, you are talking 2 months. Keep calling plumbers to make sure your doodoo gets into the Pacific Ocean and deduct from you rent check as appropriate. Leave the place clean and functional, make sure you get your deposit check back.

It's an inconvenience for sure, but the best case scenario is N days of rent refunded for non-functional plumbing. Is that worth getting into a snit with your landlord?

[1973911s]

Nostitic,

Is it a larger management company?

I would write a letter giving all the facts of the problems, and any damage that you have. Let them know your out of cost expenses, and let them know that starting in January you are requesting they withold that amount from your rent. Put it in that if you don't hear back in 2 business days, you will do this, put it on there shoulders.

As a owner, they are required to provide good working order plumbing, and since we know the problem was caused by roots, they would be responsiable to have this fixed at there cost, unless your lease address this, but in 17 years, I have never seen this in a California lease.

Let me know who the management agent is, and I might be able to help you get a good contact.

Michael

[stomachmonkey]

If you stop paying rent just make sure the rent you don't pay exceeds your security deposit cause I doubt you'll get that back.

Anyone else in the building have the same problem?

[Jim727]

I'm sure there are attys on this board who can give legal info, or you can consider calling the Bar Association - they used to provide free 30-minute referrals, though I don't know if they still do.

Consider: write a letter to the property manager (or management company) and advise them of the history of the problem, that it's a serious risk to your health, and that you've given them ample opportunity to fix the problem. Tell them you expect to be put up in a hotel of equivalent quality to the rental accommodation until the sewage problem is completely resolved. Do *not* just stop paying your rent; advise them that you will be paying your rent in full to an impound account - not to them - to be released after repairs. Advise them further that you are prepared to turn the matter over to the Public Health Department and the LAHD that rrsrsr referred you to if their action is not immediate. Stress the danger to your health from the sewage.

I think that will wake them up.

[Shuie]

Im not a lawyer, but I think you are contractually bound to pay the full rent if you've signed a lease. You can take them to small claims court for the plumbing work. Judge Judy would be perfect for this The company that has the lease will probably report you to a credit bureau or collection agency if you are not meeting the rent obligation. Good luck.

[BGCarrera32]

I'd find a babysitter on Craigslist and ask if she does plumbing too.