Is this fair...?
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20 / F / Nowhere
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Posted 4/18/08
Here's the question: If your apartment complex says they fixed a toilet in your apartment and then the VERY NEXT DAY the apartment floods because of said 'fixed' toilet, is it fair for the apartment complex to charge you with the costs of repairs needed due to the flooding when it wasn't your fault?

The events leading up to the flooding, during, and the events afterwards are stated below.

1st: There are many repairs needed in my apartment and in order for them to be fixed I have to fill out work orders and give them to the apartment office, which I did. A repairman came out and fixed the problems (including the toilet) and left. Right after the man left I tested the toilet (which was my greatest worry since it was in my bathroom) and found that it still flooded when flushed.

2nd: The next day I flushed the toilet again to see if any changes occurred overnight (FAT CHANCE!!) and the water in the bowl overflowed so much that the bathroom, hallway, and kitchen (with parts of my and my mom's rooms) flooded. I went immediately to the office and a lady working there came to my apartment. She was frustrated that I didn't shut off the water to the toilet (which I take complete responsibility for since I didn’t know how to shut the water off. I'm not a technical girl for goodness sakes!!) Anyways, the lady called a business that handles flooding and about 4 hours later they came.

3rd: A guy from the business comes and takes care of the flooding by sucking up as much water as possible, then ripping up the carpet and cutting out the foam stuff underneath it (do know what I'm talking about?). He then sets up two loud dryers to dry the carpet overnight.

4th: The next day (today 4/18/08) the dryers are still here (and it is now 7:27 PM) and I have just received word via my mom that the apartment complex is charging us for the repairs to the apartment, which will cost quite a pretty penny. Now, as I asked before, is this fair?

I should also note that this apartment complex has screwed over many people already (including us) by forcing us to pay for water, sewage, electricity, trash, laundry, pets, now any repairs, and then charging outrageous rent on us. I understand that in some places having to pay for your own laundry, water, and electricity, as well as, pet deposits is normal, but forcing your tenants to pay for any repairs to their apartments (WHICH THEY DO NOT OWN!!!) is, to me, absolutely OUTRAGOUS!!

Well, that's all.
So, what do you think?
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28 / M / British Columbia
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Posted 4/18/08
You really should have reported the toilet as being broken still, before flushing it the second time. However, I would say the repair man (Or the contractor - being the Apartment management) should be liable for the damages.

I really suggest you find a new place to live, =\.
Posted 4/18/08
I agree with Resident Evil. if things are really so complicated to fix over a toilet, imagine wiring and electricity, etc. There's very little chance of you getting your money back for the situation, and worse yet its obvious you cant depend on them to fix anything properly. I wish you luck with the situation
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28 / M / Philippines
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Posted 4/18/08
Get outha there,,,,,
Posted 4/18/08

ResidentEvil wrote:

You really should have reported the toilet as being broken still, before flushing it the second time. However, I would say the repair man (Or the contractor - being the Apartment management) should be liable for the damages.

I really suggest you find a new place to live, =\.


Me too !
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20 / F / Nowhere
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Posted 4/19/08 , edited 4/25/08
Ah, we want to move, but there really aren't any other apartments that are affordable around here, except for a drug infested one. We'll figure it out though. Minna-san arigato!

I can't wait to hear what other people have to say, too.
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31 / F / Greece, Lebanon,...
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Posted 4/25/08
it's not fair imagine you have to come to your newly leased apartment to find out that you have to pay for broken toilets, blocked vents, rusted pipes and everything in between and they didn't bother cleaning the place up before we got our stuff in what a nightmare...*sniffles*
i wish you luck! you'll need it...it gets worse...sigh.
take care!
Posted 4/25/08 , edited 4/25/08

alliechan6 wrote:

Here's the question: If your apartment complex says they fixed a toilet in your apartment and then the VERY NEXT DAY the apartment floods because of said 'fixed' toilet, is it fair for the apartment complex to charge you with the costs of repairs needed due to the flooding when it wasn't your fault?

The events leading up to the flooding, during, and the events afterwards are stated below.

1st: There are many repairs needed in my apartment and in order for them to be fixed I have to fill out work orders and give them to the apartment office, which I did. A repairman came out and fixed the problems (including the toilet) and left. Right after the man left I tested the toilet (which was my greatest worry since it was in my bathroom) and found that it still flooded when flushed.

2nd: The next day I flushed the toilet again to see if any changes occurred overnight (FAT CHANCE!!) and the water in the bowl overflowed so much that the bathroom, hallway, and kitchen (with parts of my and my mom's rooms) flooded. I went immediately to the office and a lady working there came to my apartment. She was frustrated that I didn't shut off the water to the toilet (which I take complete responsibility for since I didn’t know how to shut the water off. I'm not a technical girl for goodness sakes!!) Anyways, the lady called a business that handles flooding and about 4 hours later they came.

3rd: A guy from the business comes and takes care of the flooding by sucking up as much water as possible, then ripping up the carpet and cutting out the foam stuff underneath it (do know what I'm talking about?). He then sets up two loud dryers to dry the carpet overnight.

4th: The next day (today 4/18/08) the dryers are still here (and it is now 7:27 PM) and I have just received word via my mom that the apartment complex is charging us for the repairs to the apartment, which will cost quite a pretty penny. Now, as I asked before, is this fair?

I should also note that this apartment complex has screwed over many people already (including us) by forcing us to pay for water, sewage, electricity, trash, laundry, pets, now any repairs, and then charging outrageous rent on us. I understand that in some places having to pay for your own laundry, water, and electricity, as well as, pet deposits is normal, but forcing your tenants to pay for any repairs to their apartments (WHICH THEY DO NOT OWN!!!) is, to me, absolutely OUTRAGOUS!!

Well, that's all.
So, what do you think?


First of all, I do know that there are situations in which the renter has the right to do repairs and then deduct it from the rent. Here is a web page on this;

The Right to "Repair and Deduct" and Reduced Rent
http://realestate.findlaw.com/tenant/tenant-repairs/tenant-repairs-deduct-rent.html

Do please read it. It's not long. It says you need to send written notice to the landlord first. There are limitations as to how much. But don't be discouraged. It tells you what to do.

Up front, I would say you do not owe them a dime of repairs. Any costs you already paid to repair anything can be deducted from your rent. But if you still feel uncertain, then you need to get some free legal assistance to make sure you know this and don't make any false moves contrary to your own best interests.

Here is a collection of 'Renter's Rights' books at amazon.com;
http://www.amazon.com/s/ref=nb_ss_gw?url=search-alias%3Daps&field-keywords=renter%27s+rights&x=&y=

In case they get nasty, here is a google result for 'free legal assistance';
http://www.google.com/search?hl=en&q=free+legal+assistance&btnG=Search

You can also just call a lawyer out of the phone book and ask for a 'free phone consultation'. A lot of them will give you an unofficial opinion by phone as a 'free consult' as a one-time thing. That should get you started. If one lawyer won't do that, call more until you get one who will do that. I've done it. It's easy.

Lastly, if the entire community stalks and gossips and gangs up on you behind your back, you can go here and register and make a post, naming the community and giving fair warning to everyone what kind of a community it is;
http://www.city-data.com/forum/
This is a huge forum where enormous numbers of people web surf through to find out what any given community is like before considering moving there. If it is just your landlord being unfair, that's not for the city-data.com forum. But if a huge sub-group of the entire community is persecuting you for your race or religion or whatever, you can certainly post about it. If you do, just write calmly and don't use bad language or you will turn off the very people you are trying to reach.

Do not sign anything having to do with this problem, and do not pay anything other than your rent until you find out what your best moves are.
1112 cr points
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76 / F
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Posted 4/25/08
Yep it is wrong, but I don't know if you can do anything about it.
2711 cr points
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25 / F / Philippines
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Posted 4/25/08
i think there's a better apartment out there...
3980 cr points
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26 / F / 全部の庭
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Posted 4/27/08
find another apartment
75904 cr points
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Posted 10/2/08
no! that's absurd!

hehehe

find a new place to stay...

^_~
Posted 10/2/08
it's not really fair, but it would have been better to report that the toilet was still broken after the first time you tested it. (and no, things don't just "heal" overnight, a human body does, but your toilet won't.)

maybe a new apartment?(I guess that's difficult, cause you'll need money for that~ you really have some bad luck)
Posted 10/29/08
my parents own apartments..
i may not know much about their business..
but i sure know u are being screwed over..
and my parents wud agree with me..
bc i hear and see them work on the damages around there..
in every single corner..
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