I have called the apt building owners and they have tried sending people to snake it out, and even snake out the sink for some reason, but nothing has changed. Poop still comes out and they are making me feel like they don't want to do anything to help me fix this. I have two children and I am worried for there health. I want to leave but the apt people won't let me without having to pay the rest of my lease here. I did not know about this problem... can I still get out of my lease?

can i still get out of my lease?Hello James:

Yes, if you gave them a chance to fix it and it didn't work, or they didn't do it. But, there's ANOTHER better way you can leave, and get them to pay for it...

There is a provision in the law that says they MUST, FIRST and FOREMOST, provide you with a "habitable" residence. In my view, and ANY reasonable person, poop coming out of your plumbing would make your apartment UNINHABITABLE.

The problem is DOCUMENTATION.. I'm sure you just called them on the phone... That'll help, but you need WRITTEN documentation... Here's what I'd do. Write them a CERTIFIED letter, sent return receipt requested, informing them of their responsibility under the law, and DEMAND they fix it within 72 hours, or you'll move into a hotel and charge them until they do. Hand deliver a copy to the office, and mail the original TODAY.

excon

Call the Health Dept.
Make sure that all complaints are in writing.
Document every thing you do, and when.
When you have a solid paper trail, consider asking a lawyer if you can put rents in escrow for a small fee. That may be enough to get the blockage fixed. The tub is the lowest, so all waste from other drains backs up there first.
What floor are you on, and how many floors are there? Are you careful to not let anyone flush anything down the toilet except human waste and toilet paper?