Ask Me Help Desk - Who's Responsible

Who's Responsible

The home I am currently renting has 2 houses on the same lot. My parents are renting the front house and I'm renting the backhouse. We share water and sewage lines but have separate bills. Less than a year after we moved in to our landlords home there was a sewage backup in our shower. The landlord stated that we should call Roto Rooter and that we needed to take care of the problem ourself because we caused it. Should the landlord have been held responsible for this or is it my responsibility to take care of it

Quote:

Originally Posted by marrianne_j

The home I am currently renting has 2 houses on the same lot. My parents are renting the front house and im renting the backhouse. We share water and sewage lines but have seperate bills. Less than a year after we moved in to our landlords home there was a sewage backup in our shower. The landlord stated that we should call Roto Rooter and that we needed to take care of the problem ourself because we caused it. Should the landlord have been held responsible for this or is it my responsibility to take care of it

What did RotoRooter say caused the backup? A structural problem or tree roots? A blockage caused by misuse?

There was no backup when you moved in so the landlord will "probably" say this is your fault unless RotoRooter says something else. My leases address this - what is my responsibility, what is the responsibility of the tenant. I've had RotoRooter pull enough disposable diapers out of the sewer line!

You can still approach your landlord with the bill and see what he/she says -

The answer will vary from state to state; how about that?
See: "§ 17.06 The Implied Warranty of Habitability: New Common Law [247-254]

[A] Nature of Implied Warranty

In the 1970s, courts began to recognize a new tool in the fight against substandard rental housing: the implied warranty of habitability. Under this doctrine, each residential lease is deemed to contain an implied warranty that the landlord will deliver the premises in habitable condition and maintain them in that condition during the lease term. See, e.g. Hilder v. St. Peter, 478 A.2d 202 (Vt. 1984). For example, broken windows, leaky roofs, or rodent infestation normally render a rented dwelling uninhabitable.

[B] Remedies

In general, the tenant must notify the landlord of the defect and allow a reasonable time for repairs to be completed. If the landlord fails to act, the tenant may remain in possession and also: (1) withhold rent; (2) sue for damages; or, in some jurisdictions, (3) repair the defects and deduct the cost from rent due the landlord. Alternatively, the tenant may terminate the lease and sue for damages."
Quoted from: Property - Chapter 17

Quote:

Originally Posted by George_1950

The answer will vary from state to state; how about that?
See: "§ 17.06 The Implied Warranty of Habitability: New Common Law [247-254]

[A] Nature of Implied Warranty

In the 1970s, courts began to recognize a new tool in the fight against substandard rental housing: the implied warranty of habitability. Under this doctrine, each residential lease is deemed to contain an implied warranty that the landlord will deliver the premises in habitable condition and maintain them in that condition during the lease term. See, e.g., Hilder v. St. Peter, 478 A.2d 202 (Vt. 1984). For example, broken windows, leaky roofs, or rodent infestation normally render a rented dwelling uninhabitable.

[B] Remedies

In general, the tenant must notify the landlord of the defect and allow a reasonable time for repairs to be completed. If the landlord fails to act, the tenant may remain in possession and also: (1) withhold rent; (2) sue for damages; or, in some jurisdictions, (3) repair the defects and deduct the cost from rent due the landlord. Alternatively, the tenant may terminate the lease and sue for damages."
Quoted from: Property - Chapter 17

Obvously varies State to State - I was pulled into both Landlord/Tenant Court AND Small Claims Court over the disposable diapers/sewer problem. First time, I paid - second time I got a statement from the plumber concerning the problem.

Both hearings found the tenant had caused the property to become uninhabitable through her own actions and both found the tenant responsible for the repairs.

Good-bye tenant.

Can't ratecha, Judy, but "Both hearings found the tenant had caused the property to become uninhabitable through her own actions and both found the tenant responsible for the repairs.

Good-bye tenant." LOL

Quote:

Originally Posted by George_1950

Can't ratecha, Judy, but "Both hearings found the tenant had caused the property to become uninhabitable through her own actions and both found the tenant responsible for the repairs.

Good-bye tenant." LOL

I might mention that when she left she took the side storm door with her -

In Court she kept saying, "But the package SAYS they're disposable. What am I supposed to do?" until I thought the Judge was going to scream. At one point he attempted to explain cloth diapers to her but gave up. It was a circus and, thank goodness, I was NOT a featured performer, just ended up a bystander.

Reminds me when I used to work at a grocrey store, a lady brought back a turkey, she had cooked it in the plastic wrapper since it said it was ready to cook, *** before the times of cooking bags***

But yes, I have taken tennants to court over diapers, gotten clothes out of line, and all sorts ot things.

Quote:

Originally Posted by JudyKayTee

I might mention that when she left she took the side storm door with her -

In Court she kept saying, "But the package SAYS they're disposable. What am I supposed to do?" until I thought the Judge was going to scream. At one point he attempted to explain cloth diapers to her but gave up. It was a circus and, thank goodness, I was NOT a featured performer, just ended up a bystander.

One can appreciate why court, the carnival, and religious revivals, until electricity, were the best entertainment in town.