[rgn]

My daughter (19) and a friend are renting an apartment in Michigan together while going to college. It is a two bedroom apartment where each bedroom has its own bathroom. They moved in August 1 and the toilet leaked in my daughter's bathroom on August 10. The landlord had someone come in and drain the toilet so that there is no water in it. It is now October 29 and the toilet has not yet been fixed.

My daughter has talked to the manager several times about it and has been told that the landlord "is not ready to fix it yet." Three weeks ago the landlord did come and look at it himself for the first time. The toilet has now begun to stink to the point that the girls can't even go in there.

I called the manager last week and she said her hands are tied as long as the landlord doesn't want to pay it.

Their next rent payment is due on November 1. The girls have paid their rent on time and haven't been any kind of problem tenant. What should we do at this point?

[RichardBondMan]

Try to hand deliver a written note to the landlord (keep a copy), that informs him that you are concerned with health issues, want the issue resolved promptly without having to contact other parties BUT in the issue is not resolved by (pick a date), you will be forced to contact the local health department whom you believe will force him/her to repair the toilet and unneccessarly cause him/her additional fines, expenses.

[excon]

Hello rgn:

Every landlord in every state, is bound by a "warrantee of habitability". That means the premises must be livable. A bathroom that can't be used and stinks isn't livable.

Rent is due shortly. I suggest the following: As long as there are continuing problems, from this day on, your daughter should communicate with them in writing only. If it does nothing other than to put them on notice that they are dealing with a serious person, that, and that alone, might get a response – the squeaky wheel thing, you know.

She should send a letter along with the rent check by certified mail, return receipt requested. Remind them of the events, and inform them of their violation of the warrantee. Tell them that they have 10 days to fix the problem, or that you'll fix it yourself, and deduct it from the rent.

Most states that have adopted a uniform landlord/tenant statute allow for this kind of self help, with the particular parameters I have outlined above. Michigan landlord/tenant law does NOT address this issue.

excon

[rgn]

The manager has told me that the two quotes she has received were $2100 and $2500 to have this fixed. It has to do with the water line coming into the toilet - not anything my daughter did or didn't do. It caused damage to the flooring under her toilet and to the ceiling in the apartment below her. Of course she doesn't have that kind of money as she is a college student.

When it first happened it was in August and it was hot and muggy out. The two girls had went away for the weekend and therefore turned down the air conditioning. They both thought the small amount of water at the base of the toilet was just sweat from the tank. My daughter said it only used a small washcloth to clean up the water on the floor. They cleaned it up and found more water for the next day. By then the tenant below had called the manager to say he had a leak in his ceiling.

[excon]

Hello again, rgn:

Well, at least he's looking for quotes. However, the warrantee requires him to FIX it, not call for quotes. I'm sorry it's going to cost him a bundle. Bummer! Maybe he should have bought a nicer building. But, my sympathies don't lie with him. The landlord business ISN'T just about collecting the rent.

Tell him to sell his Mercedes Benz.

excon

[Cvillecpm]

My daughter (19) and a friend are renting an apartment in Michigan together while going to college. It is a two bedroom apartment where each bedroom has its own bathroom. They moved in August 1 and the toilet leaked in my daughter's bathroom on August 10. The landlord had someone come in and drain the toilet so that there is no water in it. It is now October 29 and the toilet has not yet been fixed.

My daughter has talked to the manager several times about it and has been told that the landlord "is not ready to fix it yet." Three weeks ago the landlord did come and look at it himself for the first time. The toilet has now begun to stink to the point that the girls can't even go in there.

I called the manager last week and she said her hands are tied as long as the landlord doesn't want to pay it.

Their next rent payment is due on November 1. The girls have paid their rent on time and haven't been any kind of problem tenant. What should we do at this point?

How would a "drained" toilet smell?

[rgn]

How would a "drained" toilet smell?

How about "badly?"

No, really it smells like old trash, like something rotting. I guess it could be the flooring rotting below but it doesn't really make a difference. Its broke and it stinks, AND she is paying for something she is not getting: a working toilet that doesn't stink. That is the point. :rolleyes: