Anyone familiar with tenant's rights?

awolkenhauer · September 2012

I'm looking for basics... My toilet is leaking, we believe it's the seal under the toilet, and have left two voicemails about this issue with management and received no response. Then, Sunday, my water heater went out. I turned in a quick note with our rent check Sunday night stating that I called twice about the leaky toilet and it is getting worse and also now have no hot water. I gave them both mine and FI's phone numbers as well as my available hours due to me working nights. As of today there is no response. I know yesterday was a holiday, but I think these issues are kind of important; the floor is getting damaged under the toilet and, well, no hot water just plain sucks.

At this time, I'm planning on writing a more formal letter requesting repairs but am not sure who to make the recipient as the landlord lives 5 hours away. If it helps, I live in Eastern WA. I've also looked up RCW and, according to that, remedial action for hot water repairs must be made within 24 hours of the request and significant plumbing repairs must be given response within 72 hours; our initial phone requests were made last Monday...

Anyway, if anyone can give any advice, I'd truly appreciate it. Thanks!

awolkenhauer · September 2012

It's a multi-tenant property and we have been given multiple numbers to call, but no one answers.

Also, the hot water heater is electric, if that makes a difference.

awolkenhauer · September 2012

Thank you for the input. I have read through the contract and it doesn't seem to have that type of clause. The only thing I am worried about is that it says they won't do anything until they have a request in writing and all I did was write a little note letting them know what the problem was and that we'd left two voicemails previously. I'm thinking they want something more formal.

Jessie42613 · September 2012

Can I just tell you - I am SO with you in your frustration. FI & I live in a 2 apt house (we have downstairs, and another lady lives upstairs) and our landlords SUCK. We call, we text, we include notes with our rent, and we rarely get a response. We haven't had anything critical like you, mostly just a few minor repairs, but it still grinds my last nerve that they can cash my rent check the day they receive it, but can't respond to a text. And of course, there's nothing in the rental agreement to protect the tenant, just 25 different ways you can get evicted if you don't do what the shiiithead landlord says.

I'm sorry I have no real advice for you, but I can commiserate

Blue & White · September 2012

Also, if you have access to your hot water heater - ours has an emergency shut off (that shuts itself off at all sorts of inopportune times like when the power goes out?) - when we first moved in, it went out a few times and we just had to press a reset button. Might be worth checking.

As for the toilet ring, they should get on that. I mean, it's an easy fix, but not if you've never done it before (and plusalso, it's management's responsibility.)

Is there any way to get proof of your inquiries? I'm thinking emails, copies of notes, etc. You may need them if this gets into the legal side of things.

awolkenhauer · September 2012

Our landlord lives across the state, he has 3 different managers on site though and still nothing. They know I work nights and overtime quite frequently, so it's not like I'm readily available to answer the door. I feel if they have tried knocking on my door and didn't get a response, then they'd try calling or leaving a note, but nothing, so I doubt they've tried. I just typed this up to sign and put in their door:

"I am writing to follow up on previous telephonic and written repair requests and to inform you that Moon and Keystone Apartments, Apartment number 6 are in need of repairs. The repairs I am writing about are as follows:

1. The bathroom toilet is leaking around the base. This was first noticed Tuesday, August 28^th, 2012 due to a large amount of water at the back end of the toilet. Currently, it is still leaking and seems to be causing the flooring to be discolored and warped.

2. The hot water heater is and has been out since approximately 7:00 PM, Sunday September 2^nd, 2012.

FI left two (2) telephonic messages about the leaking toilet and I provided a written note, addressing both issues, turned in with September’s rent check on September 3^rd, 2012. We would very much appreciate these matters get fixed in a timely manner so as to avoid any damage to the flooring around the toilet and to have habitable living conditions.

Please notify me when repairs are to occur. Thank you for your cooperation and assistance."

awolkenhauer · September 2012

I haven't looked for a reset button, it's crammed into a corner in our hallway closet. I will have to check that out before I send my final letter.

I did make sure to make a copy of the written note and the date and times of the numbers we called are saved on FI's phone.

We have a problem with the contract saying one thing and the management saying another around here; contract says don't alter anything, management says no big deal. It goes for a lot of different issues. It's also a no pet place, but everyone has cats.

awolkenhauer · September 2012

It seems we do have the reset ability, it would require us to unscrew some metal plates. Does that sound about right? It says to cut off power supply first though, not sure how much access I have to all that.

Blue & White · September 2012

yea, we had to unscrew a metal plate and hit a button (I just hit it with a wooden spoon.) I think we initially turned off the power but didn't the second time. We like to flirt with danger, haha.

We did have our own breaker board when we lived in an apartment though - are you sure you don't have one? Good luck

Blue & White · September 2012

Oh, and it took like 5+ hours for our water heater to heat back up since it was off so long, so if you hit the reset button and the water's still cold, that's normal

I would probably still send the letter. The worst that happens is they come to fix the hot water and it's already hot (I mean, that's not a bad thing)

daubachsgirl23 · September 2012

You should write a letter listing your complaints (be as thorough as possible) and send it certified mail, return receipt requested to your LL. That way you have proof that they received your letter. In MA, landlords have a legal responsibility to keep your apartment liveable. I would think that having no hot water would make your apartment legally unliveable, though I am not sure.

Once you've notified your LL in writing, you can start withholding rent until the problem is solved. I believe you can also pay for someone to make the repairs and deduct that from your rent. I would definitely check your state's tenant rights laws and see if there is any other procedural things you may need to go through.

awolkenhauer · September 2012

Thanks for the information, I'll definitely attempt to fix that. I'll still send the letter, or rather have FI take care of it as I'm up much past my bedtime haha.

rachelm13 · September 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_anyone-familiar-with-tenants-rights?plckFindPostKey=Cat:Wedding BoardsForum:17Discussion:97a36bb6-71cb-4f94-902b-56bc0ed0bf35Post:9e75891d-fcfd-465c-b971-ba2eed588847">Re: Anyone familiar with tenant's rights?</a>:
[QUOTE]You should write a letter listing your complaints (be as thorough as possible) and send it certified mail, return receipt requested to your LL. That way you have proof that they received your letter. In MA, landlords have a legal responsibility to keep your apartment liveable. I would think that having no hot water would make your apartment legally unliveable, though I am not sure. Once you've notified your LL in writing, you can start withholding rent until the problem is solved. I believe you can also pay for someone to make the repairs and deduct that from your rent. I would definitely check your state's tenant rights laws and see if there is any other procedural things you may need to go through.
Posted by daubachsgirl23[/QUOTE]

This. Like MA, NY is a pro-tenant state as well. For each day since the hot water stopped working until they fix it is well within your rights...

jenajjthr · September 2012

I lived in a rental home and complained repeatedly about water flooding into the garage/basement every time it flooded and no fixes were ever made. Then I started getting sick, a lot. Then I noticed mold/mildew growing every where. I reported that as well and nobody came to fix it. A week went by and I went in personally. The office assistant called their repairman for that while I was in the office. I met him at the house (I was at a friends house for the week prior) and showed him what I had found. He cleaned what I showed him, but that was it. He didn't bother to look anywhere else. And I got sick again from being in the house for all of 30 minutes. (Found out that I developed asthma through all of this, or had it before, but never was aggravated before the mold). I ended up breaking my lease due to this. The landlord made threats about coming after me for more money (per the agreement), but I had proof that they hadn't done what was required by law. I moved out, did move out cleaning, but left all the mold/mildew (found in many more locations once furniture was out). I took pictures with him while we did a walkthrough and he knew he was in deep trouble. I technically could have sued for medical bills and ongoing health issues. I never heard from him again after that point and it is not on my credit report either.

Google tenet rights for your area, find as much info as you can, document everything, keep records of written correspondence, keep a journal of verbal communication..admissable in court, and if you end up doing the repairs keep all receipts. The squeaky legal wheel always gets a phone call back. Next email or text tell them that you are getting legal representation to ensure that mandatory, neccessary repairs are made. I bet you get a reply very quickly after that.

radleyboo · September 2012

You've received great advice here, I have nothing to add aside from I simply cannot believe that there are property owners that behave this way. How do they sleep at night knowing they have tenants in apartments with no hot water, or worse, with that horrible mold issue that was mentioned by the PP? It's appalling. I wish you the best and hope you get your issues addressed soon.

Ajuliana · September 2012

At least in California, you don't have to pay rent if the property is not livable. You still have to put it into some sort of account and have it aside...

awolkenhauer · September 2012

Thanks for the responses, we still have no hot water as of today, but supposedly we're getting a plumber here tomorrow. The water heater is shot, so we'll probably go even longer without hot water. We flipped the breaker and, seemingly, something exploded in the water heater and the breaker produced massive sparks. You can now see the black smoke marks around one of the metal panels on the water heater.

We are required by WA state law to pay rent as we always have. Basically if we don't, the landlord-tenant act doesn't work. The landlord has played it smart on his part and no one knows his address since he lives accross the state. We also do not know the management PO Box number in town; in our contract it says that if we have anything for the landlord, we must give it to the manager.

We are month to month, so moving is definitely on our to do list

em105 · September 2012

In Response to <a href="http://forums.theknot.com/Sites/theknot/Pages/Main.aspx/wedding-boards_snarky-brides_anyone-familiar-with-tenants-rights?plckFindPostKey=Cat:Wedding%20BoardsForum:17Discussion:97a36bb6-71cb-4f94-902b-56bc0ed0bf35Post:2342a790-fa9d-417d-b19e-f5301ef3007b">Re: Anyone familiar with tenant's rights?</a>:
[QUOTE]Thanks for the responses, we still have no hot water as of today, but supposedly we're getting a plumber here tomorrow. The water heater is shot, so we'll probably go even longer without hot water. We flipped the breaker and, seemingly, something exploded in the water heater and the breaker produced massive sparks. You can now see the black smoke marks around one of the metal panels on the water heater. We are required by WA state law to pay rent as we always have. Basically if we don't, the landlord-tenant act doesn't work. The landlord has played it smart on his part and no one knows his address since he lives accross the state. We also do not know the management PO Box number in town; in our contract it says that if we have anything for the landlord, we must give it to the manager. We are month to month, so moving is definitely on our to do list
Posted by awolkenhauer[/QUOTE]

<div>Best way to light a fire under your landlord's tush- call the local paper and talk to them about it. Local papers often love a good mudslinging.</div><div>
</div><div>I also used to work for politicians and will tell you that many members of the State House/ State Senate or your US House of Representatives or US Senate will have someone on staff who will be experienced in working on behalf of constituents. We used to get a lot of landlord/tenant issues (New York State) and started by sending a certified letter and CC'ing the state Attorney General, the people in charge of housing inspections, city codes department, etc.</div><div>
</div><div>Sometimes, it just scares them if it comes from somebody with letterhead. We would often fax it to get it out ASAP.</div><div>
</div><div>And yes, to confirm previous statements- in New York State if your landlord isn't providing hot water or making it possible for you to have electricity or heat (you paid your bills, etc. if it was under your responsibility but the landlord wasn't willing to fix the infrastructure under his/her responsibility), you are entitled to have your rent pro-rated to compensate for this.</div>

Anyone familiar with tenant's rights?

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