Contour Enthusiasts Group Archives Forums General Common Interests Legal Advice

Well let me make a long story short. Back in February I had to move, because my apartment flooded w/ sewage. It took 2 days for the landlord to do something. I called the moment I noticed the problem.

I needed to move quickly. I moved, and the landlord says its MY fault because I had an apartment sized washer thatâ??s what did it. In the lease it says NOTHING about them not being allowed. He even ADMITTED he the same problem two years ago.

Well today I receive a LAW suit for 2,000. Loss of rent for my old apartment and the one next door. Claims I never paid a security ( I have the cancelled check), and repair costs etc.

What is my legal standing/options thanks. I am going to counter sue for my security AND loss of wages. Anything else I could slap in there?

thanks

Well, I'm no lawyer, but the real proof, and it's going to be based on preponderance of the evidence is if the washer caused the sewer backup allowed or not. If you can prove he had prior knowledge of sewage problems, that cannot be attributed to a special circumstance, and he did nothing to prevent recurrence... I think you have a point.

I would also be curious as to how he determined the $2000 if it goes there.

For a countersuit, I would agree on the lost wages and security deposit. I would also push for any other expenses involved in moving and looking for a new place (including mileage and application fees). Also, was anything destroyed or damaged by the backup... and replacement/cleaning/restoration costs are fair game.

You don't say which state's laws this involves. Did your state enact a version of the uniform Residential Landlord Tenant Act? Start doing your internet research.

Find a landlord/tenant atty in your area. Legal aid offices are often good referral sources since poor people so often get stuck dealing with slumlords. Start doing your calls for referrals.

If your laws are like this state's, there's a good chance you could counterclaim for your loss of security and maybe some other odds and ends but ALSO for your attorney fees. And if this clown makes you go to trial and you win, those fees would be a chunk of change. You should be able to collect if you win, or garnish other tenants if the landlord refuses to pay.

Don't broadcast to the landlord that you have your cancelled check from paying your security deposit. You want to wait until he says under oath that you never paid one. Then you produce your proof, and then his credibility is zero. Let this idiot trap himself.

If you get an atty that actually knows this stuff, the landlord could be toasted, especially if the landlord is representing himself. Sounds a lot like a breach of habitability. Further, if there were other additional substantial problems with your unit, for weeks or months, you may even be in line to get a partial rent refund.

I think the septic tank field lines or a clogged drain pipe caused the problem. Your landlord should have insurance to cover the damage. The landlord will have to prove that you were negligent and that is what caused the flood damage. If sewage backed up the septic tank was probably full. What would cause that are field lines that are damaged or a full sewage tank. I donâ??t see how it could be your fault but you know how the legal system is. Be careful what you say in court because they will use anything you say against you.

I will give an example: if the wiring heated up because you used a heater and the landlord sued you, I don't think the landlord would win because electrical wiring is supposed to be protected by circuit breakers. The landlord would have to prove that you were negligent.

Sewage is never supposed to back up from a drain unless there is a problem with the sewage system.

When I lived in Texas I had a major problem with an apartment complex. There was an organization called the Texas Tenants Association that gave me legal advice and it turned out that the apartment people were trying to scam me. You might want to see if your state has something comparable. It saved me a lot of money and kept me from having my credit report messed up. Good Luck.