Ask Me Help Desk - Landlord is ignoring repeated request for repair that are causing health problems

I have lived in my rental home for 2 years and paid $700 a month faithfully. I have had pest problems in which my landlord instructed me to call a local place. Well I did and they came out and sprayed. My landlord then made sure the bill came to me!! $300.00. In the state I reside the law states Landlords shall control all rodent and pest infestations. Well I let it slide. Now , I have a sewage line that has broke under the house there are raised bubbles in the kitchen flooring and my house smells like raw sewage. I called my landlord n the 30th of Dec and told them what was going on. The owner said he would send someone out right away. In the meantime I wait and mind you I had informed him that the smell was making me almost vomit. Me, My boyfriend, my 8 year old son and dog have all been getting very ill. I have a cold that won't go away, its mostly respitory and I was in the hospital for 2 days with a78 hour lasting headache and a fever and nausea. My boyfriend has been getting headaches and my son has been having respitory problems. The poor dog has been vomiting and I think its because our water and air is being contaminated. My landlord keeps putting me off and I truly believe our health is at risk. I would move but I have a few issues that are putting that on a delay to the not so near future. I really need help I have called on multiple occasions and now am being ignored. Please anyone out there please help me to the answer.What should I do I have no idea on where to turn and I also have held my rent and am going to refuse to pay until something is done! Please anyone that has an answer to this please fill me in this is very urgent!!

Why haven't you moved? Get building or environmental (health) dept to document the broken line and have them cite your landlord and provide you with a copy and with this you break your lease and MOVE!

Hello Am:

DON'T HOLD THE RENT!! That will get you evicted, and your problems will never get solved.

Go read your states landlord/tenant law. We have a copy right here at the top of the real estate page on a "sticky note".

Depending on your states law, you MAY have the option of self help. If you do, you only have it by following certain legal procedures. You'll certainly have to give him an opportunity to fix it himself before you result to self help.

I know, you did. But, can you prove it in court? No, you can't. Therefore, you need to act as though every move you make will be examined by a judge, because it WILL be.

Write him a letter. Send it certified, return receipt requested. Do ALL your correspondence with him that way from now on. If you talk on the phone with him, send him a certified letter outlining the conversation.

Your landlord tenant law gives you remedies. DO THEM -AND ONLY THEM.

excon

Quote:

Originally Posted by excon

Hello Am:

DON'T HOLD THE RENT!!!!!! That will get you evicted, and your problems will never get solved.

Go read your states landlord/tenant law. We have a copy right here at the top of the real estate page on a "sticky note".

Depending on your states law, you MAY have the option of self help. If you do, you only have it by following certain legal procedures. You'll certainly have to give him an opportunity to fix it himself before you result to self help.

I know, you did. But, can you prove it in court? No, you can't. Therefore, you need to act as though every move you make will be examined by a judge, because it WILL be.

Write him a letter. Send it certified, return receipt requested. Do ALL your correspondence with him that way from now on. If you talk on the phone with him, send him a certified letter outlining the conversation.

Your landlord tenant law gives you remedies. DO THEM -AND ONLY THEM.

excon

Thanks for the advice, since my last log on my son and I had to been seen at the hospital and have both developed bacterial and viral illness's, I have strep throat too. Still nothing from landlord and I have been withholding rent. Due to the laws in my state, that say any tenant in an un-habitable dwelling by law may withhold rent until the problem is fixed. I have sent my 3rd and final notice to my landlord and if still no reply I am going to sue for damages, both emotionally and physically. I'll keep you updated!!

QUOTE=Cvillecpm]Why haven't you moved? Get building or environmental (health) dept to document the broken line and have them cite your landlord and provide you with a copy and with this you break your lease and MOVE! [/QUOTE]

Thanks for replying. The only reason I haven't moved is due to financial issues and the fact that I own a pitbull. In Idaho you are not able to have a pitbull (he is the biggest baby in the world. Most describe him as a teddy bear, he is full of love because that's how I raised him) at most rentals all around the state. This state is very predjudiced when it comes to animals and I will not move anywhere without him. He has been my comfort zone since my father died. I appreciate your advice but I am really terrified of having no where to live if the city inspectors come out, they will most likely condemn it. I don't have the financial support to be able to just up and move so Im going to try to get my landlord to work with me, and if they don't, things are going to get real ugly, and then I will move and hopefully have them having to pay for the move to the new residence.

Quote:

Originally Posted by Ambsizsolo1

Due to the laws in my state, that say any tenant in an un-habitable dwelling by law may withhold rent until the problem is fixed.

Hello again, A:

I'm glad you stopped by for information, because I have to tell you that your information is wrong. Idaho landldord/tenant law says nothing of the kind. If you withhold rent, you will be evicted.

From Lawrence Wasden, Idaho Attorney General web site:

TENANT'S REMEDIES

If a landlord fails to provide reasonable water-proofing and weather protection, fails to provide premises that are not hazardous to health and safety of the tenant, fails to install approved smoke detectors, or does not maintain in good working order electrical, plumbing, heating, ventilating, cooling, or sanitary facilities which are provided, the tenant can require the landlord to provide the services. With one exception, the law in Idaho is not established as to whether the tenant has a legal right to withhold rent and/or to complete the repairs and then seek reimbursement from the landlord, but it appears that such rights do not exist. The exception is with respect to the installation of smoke detectors. Idaho Code § 6-320(a)(6) authorizes a tenant, after providing three-day notice to the landlord, to install the smoke detectors and deduct the cost from the tenant's next month's rent.

To require the landlord to provide the necessary services, the tenant must first give the landlord notice, in writing, listing each violation, and demanding that the violations be cured. A copy of this notice must be delivered to the landlord or agent personally, be mailed to the landlord or agent by certified mail, return receipt requested, or if the landlord or agent is absent from his usual place of business, be left with an employee at the usual place of business.

The landlord must be allowed three (3) days in which to cure the violation. If the landlord does not comply, a tenant can then institute a formal legal proceeding to require the landlord to cure the violations. The formal legal proceeding must proceed quickly. The trial must be held within twelve (12) days after the lawsuit is filed with the court, unless the tenant requests a later date. The landlord must be given written notice of the action by being served with a copy of the summons and the complaint at least five (5) days prior to the court hearing. If the tenant prevails, the judge will order the landlord to fulfill his or her duties and may order the landlord to pay court costs and the tenant's attorney fees. If the tenant has lost money or otherwise been injured as a result of the landlord's failure to fulfill his or her duties, the tenant may bring formal legal proceedings to recover a sum of money equal to actual damages. If the tenant prevails, the court has the authority to require the landlord to pay three (3) times the tenant's damages. The court may also require the landlord to pay court costs and the tenant's attorney fees. If the damages the tenant seeks are $5,000 or less, the action may be taken in small claims court.

excon

I am a landlord in NY, and I can't imagine ignoring this situation myself, but raw sewage and a probable busted line is emitting methane gases into the apartment, if you have notified the landlord 3 times and been admitted to the hospital and ARE in fact a good, paying, responsible tenant, he has trouble on his hands if he doesn't fix the problem. If you have the problem fixed by someone reputable that can give you written documentation and withhold the cost of the repairs from the rent, I don't think he has a leg to stand on for evictions, and provided that you have written documentation of the repairs and issue along with doctors bills, any judge is going to be leaning to your side. Send him your doctors reports, your doctor should be able to tell you whether your illnesses are likely or not to be a direct cause of the sewage. I am not lawyer so don't take it as gospel, but your landlord does have a responsibility to remedy this issue as it is a health concern and he may be responsible as well for the doctors bills, but that would be best answered by an attorney. Being a landord myself, I would expect recourse action be taken by a tenant with this issue not remedied.

The fact that you remain in the property goes a long way to NEGATE any argument you may have for "damages' because of your landlord's inaction... again, if it is SO BAD - move... re-read your post and you will see that your DOG is more important that your CHILD or your FAMILY'S HEALTH - how WHACK is that?

Between you and BF, you should have family, income and if you are not paying rent, you should have $$$ to move.

Quote:

Originally Posted by Cvillecpm

The fact that you remain in the property goes a long way to NEGATE any argument you may have for "damages' because of your landlord's inaction...again, if it is SO BAD - move....re-read your post and you will see that your DOG is more important that your CHILD or your FAMILY'S HEALTH - how WHACK is that?!

Between you and BF, you should have family, income and if you are not paying rent, you should have $$$ to move.

I must have posted wrong you have a bad attitude, I may add.First of all I must have I have been through allot of crap, 2nd who are you to judge or comment on feelings of another person?? You have no right to be so hasty so Im going to explain something to you. I was only stating that my dog is just as important to me as the rest of the family because he is a part of the family. My son & I have been treated at the doctors already,& I wasn't able to keep the rent because they were refusing to repair. Let me ask you this, are you a mother? If not, maybe you should bite your tongue before you start being a snot!! I Support, By Myself, With No Child Support, My Son Since Birth, & No Present Father Or Past At That.I Also Lost My Job Recently Due To All This Landlord BS. My Boyfriend Of Almost 7 Months, Not My Husband Has Been Laid Off From His Job and had his car repo'd in the same week. I Have Been Supporting My Entire Family Plus Being A Mom , A Girlfriend , a responsible Pet Owner and trying to handle our living situations plus the death of my father, Now how is it that I don't care Because I am broke? You just made it clear you have issue with those less fortunate than your perfect self. Tell Me This,how would you feel if you have done everything in your power and legal rights to make a situation better and no matter which way you turned, you got the same results everywhere? Excuse my mis-pronunciation, of my last post that made you intentionally offend me I have a lot on my mind! You should check out the inconsiderate and unable to feel things with my heart only with my mouth topic.

Quote:

Originally Posted by Ambsizsolo1

I must have posted wrong you have a bad attitude, I may add.First of all I must have I have been through allot of crap, 2nd who are you to judge or comment on feelings of another person?????????? You have no right to be so hasty so Im gonna explain something to you. I was only stating that my dog is just as important to me as the rest of the family because he is a part of the family. My son & I have been treated at the doctors already,& I wasnt able to keep the rent because they were refusing to repair. Let me ask you this, are you a mother? If not, maybe you should bite your tounge before you start being a snot!!! I Support, By Myself, With No Child Support, My Son Since Birth, & No Present Father Or Past At That.I Also Lost My Job Recently Due To All This Landlord BS. My Boyfriend Of Almost 7 Months, Not My Husband Has Been Laid Off From His Job and had his car repo'd in the same week. I Have Been Supporting My Entire Family Plus Being A Mom , A Girlfriend , a responsible Pet Owner and trying to handle our living situations plus the death of my father, Now how is it that I dont care Because I am broke? You just made it clear you have issue with those less fortunate than your perfect self. Tell Me This,how would you feel if you have done everything in your power and legal rights to make a situation better and no matter which way you turned, you got the same results everywhere? Excuse my mis-pronunciation, of my last post that made you intentionally offend me I have alot on my mind! You should check out the inconsiderate and unable to feel things with my heart only with my mouth topic.

It's obvious you can hardly read.. I Do NOt Have The money to move so why is it so hard for you to understand that? Would you like me to translate it into another language or possibly increase the spaces in between words? You are most likely a Slumlord" too and that's why you are taking the wrong side. Ill let you know how much I win in court because I am suing. So everything you are saying is INcorrect the Property management Company has already broken several laws per my Attorney. So I am going to choose to ignore you because you are obviously bitter about your own life so you feel the need to make poverty strucken people feel ashamed. You really shouldn't answer ?'s from a slumlords point of view. Because I just proved you wrong.