Need legal advice about my housing issue

27% Normal
13 Comments

We recently moved in to a bigger house owned by the same landlord from our previou home. We have been living here for 4 months and for some reason we're having plumbing issues.

I do recall witnessing the previous tenants, who lived here, having a plumber up until they moved out. I do recall speaking to the tenants asked if we've been having plumbing issues lately and to my respond I said no. The tenants then shared and interesting piece of information about the cause of the plumbing. The tenant told me that the roots may be interfering the pipes which may result the plumbing to back up.

Fast forward 5 years later, my boyfriend and I decided to move to the house which the tenants moved out of. My landlord has known about the damages many years and hasn't done anything about it. She also wrote in our contract if we ever had issues with the plumbing that it is our responsibility to call a plumber. Can she legally do this? I am desperate for help and need legal advice.

I apologize for my grammar.

Voting Results
27% Normal
Based on 11 votes (3 yes)
Help us keep this site organized and clean. Thanks!
[ Report Post ]
Comments ( 13 )
  • DannyKanes
    8 years ago

    Yes and no, but it's a legal binding contract that you both agreed upon. Why did you sign it?

    Comment Hidden ( show )
    2
    2
      -
    • wigz
      8 years ago

      Well no, if it's not something the landlord can legally do then that part of the contract is void.

      I highly doubt any state exempts landlords from providing working plumbing (except extreme situations possibly, such as a home that has no plumbing at all).

      Comment Hidden ( show )
      1
      1
        -
      • DannyKanes
        8 years ago

        But if it's a legal binding document that you agreed to, then it would be legal. I'm not sure though about the state laws and regs though. I think OP should definitely look into it more.

        Comment Hidden ( show )
        0
        0
          -
        • wigz
          8 years ago

          If it's within the law, yes, but if it's not then the contract/clause can't be enforced. Doesn't matter if you agreed to it.

          Comment Hidden ( show )
          1
          1
            -
          • DannyKanes
            8 years ago

            Exactly this, the OP needs to investigate it further.

            Comment Hidden ( show )
            0
            0
    • Jazyritz619
      8 years ago

      I didn't sign it my boyfriend signed the contract because we were eager to move in. We bought thought that the previous neighbors had already handled the situation.

      Comment Hidden ( show )
      0
      0
        -
      • wigz
        8 years ago

        If you are in the US, which state? I will gladly look up the law for you. I don't think you have anything to worry about.

        Comment Hidden ( show )
        0
        0
  • wigz
    8 years ago

    Google your state+landlord+tenant+law

    Properly functioning plumbing is something your landlord should be legally obligated to provide you. What you need to do is find out the proper procedure in your state for notifying the landlord of the issue with the plumbing and what your rights are as far as getting it repaired in a timely manner (if your landlord doesn't take care of it after being properly notified you have recourse), check your state law to be sure you act within your rights and responsibilities though.

    Comment Hidden ( show )
    1
    1
  • notrea11y
    8 years ago

    Never sign a contract if you have questions. It may be the pipe is cracked under ground where that tree has roots. It costs thousands to fix. It causes sink to back up and other problems of drainage. Do not pay for plumber. Document all expenses, you can take it out of the rent. Get a good lawyer, sue for fraud.

    Comment Hidden ( show )
    1
    1
  • dinz
    8 years ago

    It is very difficult to answer in regards to the different housing laws that exist in the world.

    For this example. I'll apply New Zealand housing laws as I disagree with your landlord.

    In regards to issues of the plumbing - if the issue with the plumbing was due to something that is out of your control ie. Roots or old plumbing is the cause. You're not liable for the repairs.

    The only time you would pay for it if it was found that the damage was caused by you. This excludes what is deem 'fair wear and tear' like they they can't force you to pay to replace old pipes.

    For the record - I am a landlord myself.

    Comment Hidden ( show )
    0
    0
      -
    • dinz
      8 years ago

      I thought I'll share a similar incident that occurred with my tenants.

      They had called me up in regards to the slow draining of the downstairs sinks, toilet, etc. It was uncovered, the tenant's daughter had flushed down a stuffed animal down the toilet.

      I called the plumber and uncovered the blockage was between the main sewer and the sewer line from the house. It was uncovered that tree roots had grown in the pipe effectively stopping the stuffed animal from exiting the pipe into the main sewer. Based on the advice of the plumber it was agreed that the toy would of cleared the pipe if the roots was not in the pipes so I paid for the repair work myself.

      Unfortunately it involved a couple of days where the family would have limited access to the toilets so I reduced their rent for the two days and hired a portable toilet to be placed on the property.

      Comment Hidden ( show )
      0
      0
  • thegypsysailor
    8 years ago

    I'm with those above that say if you have signed a contract it is binding. You probably got a reduced rent for that agreement?
    But I'm not a lawyer so it's only a lay opinion. Time to spend the big bucks on a lawyer or a plumber, or both!

    Comment Hidden ( show )
    0
    0
      -
    • wigz
      8 years ago

      If it's not legal then it's not binding. You can't enforce illegal terms of a contract, in fact you can be punished heavily for attempting to (or succeeding in it).

      Landlords have the obligation of providing a habitable unit. Arrangements can be made for tenants to do repairs but that doesn't clear the landlord of the obligation. I highly doubt OP's lease (or this portion of it anyway) is legal. There's almost no chance of it.

      Comment Hidden ( show )
      0
      0