View Full Version : Landlord gross negelect
denny56
Aug 23, 2012, 01:30 PM
we have asked the landlord to fix a leak from the gutter that leaves the back steps very dangerous to walk down. That was over four months ago. With out any action being taken my landlord to fix. Recently I fell down the steps and suffered blunt force trauma to my back side resulting in large painful bruises and hurting my back. Also went to doctor and had to have x-rays on back.
I want to know is the landlord guilty of gross negelect ? We also have showed him the hot water tank leaking and the front steps rotted away from the riser making it u safe to use.
Fr_Chuck
Aug 23, 2012, 01:59 PM
My opinion no, in fact since you were aware of the leak, aware the stairs were slick, you still chose to use them.
Also what is wrong with the gutter, is it just full of leaves and running over ? That could in a rental house be the responsibility of the renter. I know I don't clean leaves out of any gutter on any house I have ever owned
Next the steps are "wet" how does this make them any extra dangerous, excpet they are wet
denny56
Aug 24, 2012, 12:54 PM
front steps are unusable due to the risers being rotten and the steps separate from the riser when you walk on the making them a hazard to use, so the back steps are the only way out.
the back gutters leak in the corner over the steps and where they have leaked from where they join together at the seam so long the steps are covered in moss or some other green slippery slime. Yes the gutters are full and the landlord told me not to bother with them when I talked to him about cleaning them and that he would clean them and that has been over 4 months. The back has a deck on back of house that also is covered with the same green stuff that keeps the deck slippery when wet also landlord has failed to fix the release value on hot water heater and it is leaking like crazy and also has know that the front steps are unusable and that me and the wife have bad backs and don't get around very well.
ScottGem
Aug 24, 2012, 01:45 PM
If you have proof you reported the problems, then yes, he is guilty of negligence and you can file a claim against his insurer to get reimbursed for medical expenses. However, you may have some liability too, since you were aware of the potential danger.
JudyKayTee
Aug 24, 2012, 03:10 PM
front steps are unuseable due to the risers being rotten and the steps seperate from the riser when you walk on the making them a hazard to use, so the back steps are the only way out.
the back gutters leak in the corner over the steps and where they have leaked from where they join together at the seam so long the steps are covered in moss or some other green slippery slime. yes the gutters are full and the landlord told me not to bother with them when i talked to him about cleaning them and that he would clean them and that has been over 4 months. the back has a deck on back of house that also is covered with the same green stuff that keeps the deck slippery when wet also landlord has failed to fix the release value on hot water heater and it is leaking like crazy and also has know that the front steps are unuseable and that me and the wife have bad backs and don't get around very well.
I'm a liability investigator - where is this?
Did you ever give written notice to the landlord?
Have you turned your medical bills over to the landlord's homeowner's insurance?
What are you attempting to accomplish? Sue for injuries, break a lease, get the situation repaired, something else?
Your injuries are a dollar and cent "value" issue - you are either hurt a Thousand Dollars worth, or you are not. That's why you need medical proof.
And, yes, the fact that you knew the situation and did nothing to correct it (calling a Housing Inspector, hiring someone to do the repair and withholding the rent) factors into the situation - as FrChuck has already said.
denny56
Sep 7, 2012, 08:50 AM
This is in Eastlake Ohio. No written notice was give to landlord, but he was shown the problems and came back once to pound in a nail but never sealed the gutter leak this was about a week after we showed him the problem.
My wife called him the day before the rent was due last week and told him about the fall which happened the 15th of August and he came on the 1st of this month and fixed the leak and bleached and removed the green slime from the top two steps. I showed him the photos of my injury and also asked him when he plans to fix the release valve on the hot water tank that has been leaking badly for almost two months, Him and I talked and he took 200 dollars off the rent to pay the doctor fee and is going to pay the water bill for us and apologized for what happened to me
He is supposed to be coming back to replace the entire front steps and riser so we can use them and also coming back to replace the two top steps that caused my fall and the leaking release valve on the hot water tank. I have a question for you and hope you can help because my wife also has a bad back and is not in the best of health either. What is the (quick and timely matter) that is stated in our lease, that he has to fix these problems ? I am talking in days, weeks, months. The reason I am asking you this is because you are a liability investigator and what should I do if he drags his feet on these.
I was satisified with his earlier concern and him taking the steps that he did to help me with the doctor, but also am very concerned that my wife might get hurt and is there any chance of the hot water tank exploding over that faulty release valve.
Sorry it has taken me awhile to get back with you but I have been having some other medical problems, nothing to do with this.
ScottGem
Sep 7, 2012, 09:41 AM
Unless the lease specifies you have to go by state law. Check with your local housing dept, many have renter's handbooks that can guide you on this. It depends on the type of repair.
denny56
Sep 9, 2012, 01:20 PM
We have lived in this house for almost a year. When we moved in the home owner said he would mail us the water bills when he received them at his house.
The only bill we have gotten since living here has been 3 shut off notices, with just days to pay or get our water shut off. So I had to drive 16 miles to the water dept. to pay the shut off notice in person since I didn't have time to get the payment to them via mail to keep our water turned on. The shut off notices do not state the water amount or the sewer amount, just one lump sum.
When I talked to the home owner concerning all 3 shut off notices he said he never received any of the bills from the water dept. I called the water dept. and they told me the statements had been sent out.
I know from past rentals that we have lived in that the tenants pay the water usage bill and the home owner pays the sewer bill.
In the past the home owners would bring the water bill over when they came to collect rent and would knock the sewer bill off that months rent.and we would mail in the payment. Never once did we get a shut off notice in the past from dealing with any of our other landlords!
I have try to talk to landlord concerning the last shut off notice and us having to pay the sewer, he said it is in our lease that we are to pay the water bill. Correct me if I am wrong, but isn't the water bill 2 separate bills in one?
One amount for the water usage and one amount for the sewer usage and totaled together in one lump sum for payment of two bills. Right? I mean if the sewer line breaks do we have to pay that too.
I think he has a misunderstanding about the lease saying we have to pay the water meaning it includes the sewer too.
I read the lease and it states we are to pay the water bill and nothing about the sewer bill. I am beginning to think he is taking advantage of us and not sending us the water bills when he gets them, knowing that a shut off notice will be sent to us and he gets away from having to pay his part of the bill which should be his responsibility and pay the sewer part of the bill.
If the sewer payment was our responsibility along with the water shouldn't it state that in our lease?
What our lease states is under the "Indemnification Deposit"(D)Management is in receipt of copy of paid final bills on all utilities(includes gas, electric, WATER,garbage and telephone) (" NOT SEWER" my words -not on lease)
We are not moving out and asking for our deposit back all I am try to figure out why we are having to pay the sewer bill when it does not state it anywhere in our lease which is the standard residential Lease/Rental Agreement.
I guess what it all boils down too who is legally liable to pay the sewer under the Ohio housing renters law and if it is the landlord, could someone please lead me the web site or paperwork that I can show him and also something that I can show him that he has to give me the water bill and not shutoff notices when the bill is past due?
Thank You
smoothy
Sep 9, 2012, 04:14 PM
Water and sewer bills are linked or considered linked... many places they are two parts of the same bill, but when they aren't more use of water raises the sewer bill as its assumed that ends up down the sewer drain. More use = bigger bill.
I can't prove its any other way in OH as it's that way in PA, MD and Virginia where I have actually lived.
denny56
Sep 9, 2012, 05:42 PM
Thanks
denny56
Sep 9, 2012, 05:44 PM
Anyone from Ohio that knows if they are considered the same bill