Bare cement floors

[Sam111]

What is the name of your state?Virginia

I rent a condo with a one year lease and on June 2004, the unit above the unit beside us flooded. It affected everyone in the building. The condo association’s restoration staff came and pulled the vinyl tiles from our kitchen and bathroom. The rest of the unit is carpeted and still in place. My landlord (property manager of the actual owner) says that the condo association informed him that the owner of each condo unit is liable for their own repairs in relation to this matter. I am just a tenant, so I know I will not be responsible for this. Anyway, my landlord says he is discussing this matter with his lawyer.
My problem is, to date, the tiles have not been replaced. The tiles will have to be replaced regardless of who will be shouldering the expenses. I don’t think I should suffer while this is being discussed between people who do not live with it.

I looked up the tenant/landlord laws in my state and a section reads:
A. The landlord shall:
1. Comply with the requirements of applicable building and housing codes materially affecting health and safety;
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;

Does my situation fit this? It’s just the tiles, but it is quite disgusting. It’s been almost six months and I’ve been walking on bare cement floors with some of the white adhesive still adhered. They stick to my feet sometimes and I have no idea if this is a health issue. The floors are very difficult to clean. I have not had guests come over because of this.
I’ve been calling the property manager for the past two months, but he seems to be avoiding me. I’ve left messages each time I called. I’m frustrated and really don’t know what to do. I would like to write a letter that will get him motivated, but I’d like to make sure I am at the right. Will I be able to tell him that I will reduce my rent because I don’t think I should be paying 100% if the unit I am renting is not in the condition it should be?
Advice is greatly appreciated.

Sam

 

[BL]

Don't waste no more time.

Call the code enforcement office and file a complaint. They will have an inspector come out , write up a report , and give them X amount of time to fix the issue(s). If the issue is not taken care of consult a L/T Attorney about possibly repair and deduct option .

What you should have done was put this issue in writing to the Landlord , when he/she didn't get it taken care of within a few days.

 

[Sam111]

Thank you.
First, I will write a letter to him asking why he hasn't been returning my calls and include part of what I posted above. If he doesn't respond within a week, I will call the code enforcement office as per your advice. I hope that's fine or am I being too much of a push-over?

Sam

 

[BL]

You are and have allowed yourself to be to much of a push over already. That fact that you have had a number of contacts with him already and he has not responded by having the Floors fixed, warrants that you should Immediately call the code enforcement office and make a complaint.

Don't offer the landlord any more ultimatums. It will only prolong the issue and give him the opportunity to again brush you off .

 

[Sam111]

Gotcha.

 

[Who's Liable?]

You should also investigate the LL/T laws of your state to see if reporting the LL to a code enforcement officer is protected under a state statute. Most states have a statute that protects renters from "retaliatory acts" by the LL once they have been reported.

 

[LadyRose]

Sam, I went through a LL refusal to repair twice in the last year here in Virginia, and successfully sued my former LL. In my experience, it all came down to written notification and evidence of refusal.

1) Write your LL a letter stating he has 21 days to make the repairs, or that you will have no other option than to take him to court in accordance with state statutes regarding non-compliance. State law requires this notification to be sent prior to any court hearings. Send it to your LL via delivery confirmation, keep your receipt from the post office, and back it up with the confirmation from the post office when it comes.

2) Call the Code enforcement officer as suggested. Have them come out and make a report. Ask for a copy for your records. (note: they are not obligated to supply you with a copy, but it doesn't hurt to ask. otherwise you could always subpoena for it later if you needed it) In talking to the inspector, mention how long the problem has existed, what you've done to attempt to work with the LL, and ask how much time the inspector is going to give the LL to remedy the situation. (Again, there is no obligation here, but it doesn't hurt to ask). Also, as mentioned, there *are* statutes protecting you from retaliatory acts by the LL for reporting to code enforcement.

3)Sit back and wait. If all goes well, you'll have your floors within three weeks. If on the 22nd day the repairs are not made, you go ahead and file suit. I do not know if timelines vary from district to district, but in my district, you must file within 5 days of the date your rent is due (i.e. if your rent is due on the 1st, you must file by the 6th). You must file a "Tenant's Assertion" with the court clerk, and pay your amount of rent in full to the court at that time. The filing fee here, if memory serves, was $37.50. *edit--the court here does not accept personal checks. Funds must be cash or money order, and the filing fee must be separate from the rent amount.

4) Make sure you keep a copy of all documents for your files and in case you need them for the judge. You *will* need a copy of the 21 day notice. A timeline of contact and requests to the LL will come in handy too.

Good Luck

 

[Sam111]

Thank you very much. I will post back and let you all know what happened.

 

[Who's Liable?]

You should also send your LL a notice that reminds them that they must give you proper notice to enter your apartment, unless it's a legitimate emergency, and their failure to do so will subject them to penalties according to virgina laws

Remember, you need to create a paper trail for the judge if you get that far. If you receive a CRRR letter back unsigned for, DO NOT OPEN IT!!! Give it to the judge. Most states consider the CRRR letter as "delivered" after the 5th day.