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Deducting plumbing costs from rent

Posted on 1/22/18 at 8:44 am
Posted by jlovel7
NOT Louisiana
Member since Aug 2014
24261 posts
Posted on 1/22/18 at 8:44 am
Some of you may have seen my previous posts about frozen pipes and no water pressure. Well I'm on day 6 now once my pipes frozen and the NOLA water pressure issue and many of my neighbors have had their pressure restored but so far I have nothing coming out of my taps. My landlord is telling me his personal maintenance team has done all they can do. I'm relatively new to town so I'm not totally familiar with all of the tenant laws in Nola/LA. What rights do I have to get this fixed myself?
Posted by jamboybarry
Member since Feb 2011
33256 posts
Posted on 1/22/18 at 8:45 am to
quote:

What rights do I have to get this fixed myself?


Thanks for posting the details of your lease so we can further assist you
Posted by Crow Pie
Neuro ICU - Tulane Med Center
Member since Feb 2010
27949 posts
Posted on 1/22/18 at 8:46 am to
quote:

What rights do I have to get this fixed myself?
Move..I imagine this is enough to break the lease.
Posted by jlovel7
NOT Louisiana
Member since Aug 2014
24261 posts
Posted on 1/22/18 at 8:47 am to
quote:

Thanks for posting the details of your lease so we can further assist you


I will have to update later tonight after work then.
Posted by slackster
Houston
Member since Mar 2009
91874 posts
Posted on 1/22/18 at 8:47 am to
Have you cleaned all of your aerators? I had essentially no hot water due to the gunk that was loosened by the frozen expabsion.
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
37551 posts
Posted on 1/22/18 at 8:47 am to
You have a right to all basic necessities as a renter. I'd say water is a basic necessity so the landlord has a responsibility to get it fixed in a timely manner.
Posted by Napoleon
Kenna
Member since Dec 2007
74900 posts
Posted on 1/22/18 at 8:50 am to
Did you drip your water during the freeze? I would always tell he tenants they could deduct the water bill prorated from the rent on hard freeze months if they ran the sink at a trickle and the garage faucets. I would be pissed if they didn't.

While the landlord is responsible for the house, the occupant needs to be vigilant during a freeze.

If you have nothing at all, then you have to have a serious break.

First, go to your water meter and see if the flow indicator is spinning. Then look under your house for a lot of water. I just can't imagine a break so bad, that you have 0 pressure and it can't be found by maintenance.

Apartment or house?

Maybe the shut off valve is on accidentally?
If the meter isn't turning, you don't have a broken pipe, at least on your side. At that point you would need the local government to repair their supply to you.


people saying aerators, it's possible, but the ONLY true water test is to try the faucet on the main line coming in from the ground. Ain't no way in hell it's getting clogged by gunk. Most of the time with a break, you have bad pressure. No pressure at any tap what so ever, would mean a break so bad, that you are pouring 20 gallons or so a minutes out of a pipe.

That water would make your yard a swamp in short time.

If you have no signs of water and no water at your first spigot and no movement of the flow indicator, then you need to rub some Vaseline on your anus and call the S&WB.




This post was edited on 1/22/18 at 8:56 am
Posted by jlovel7
NOT Louisiana
Member since Aug 2014
24261 posts
Posted on 1/22/18 at 8:51 am to
quote:

You have a right to all basic necessities as a renter. I'd say water is a basic necessity so the landlord has a responsibility to get it fixed in a timely manner.


Right. But what is within my rights according to Louisiana renters laws to deal with it if he isn't? And what would the state deem a timely manner. This is the first real maintenance issue I've had so he's acting a lot like a slum lord.
Posted by NYNolaguy1
Member since May 2011
21849 posts
Posted on 1/22/18 at 8:53 am to
quote:

Thanks for posting the details of your lease so we can further assist you


Warranty of habitability has nothing to do with the lease, counselor.
This post was edited on 1/22/18 at 8:56 am
Posted by jlovel7
NOT Louisiana
Member since Aug 2014
24261 posts
Posted on 1/22/18 at 8:53 am to
quote:

If you have nothing at all, then you have to have a serious break.


I have been in constant contact with the property manager about this. I alerted her of the initial issue. She said maintenance came out and fixed any burst pipes (about 8 or 9 total on the property) and said the ones that didn't burst were still frozen solid. So we waited once the temps rose to see if it would return and it's been in the 60s 70s for a few days and still nothing. She has assured me multiple times since then that all leaks were fixed and its not the issue.
Posted by jlovel7
NOT Louisiana
Member since Aug 2014
24261 posts
Posted on 1/22/18 at 8:54 am to
quote:

At that point you would need the local government to repair their supply to you.



Well frick.
Posted by Aspercel
Member since Jan 2009
117554 posts
Posted on 1/22/18 at 8:56 am to
You probably have something I your lease prohibiting this
Posted by NYNolaguy1
Member since May 2011
21849 posts
Posted on 1/22/18 at 8:57 am to
quote:

Well frick.


You have a right to a habitable residence if youre under a residential lease. Having no water because of faulty maintenance is cause for either witholding rent or breaking the lease.

LINK (this is a pdf describing warranty of habitability)
Posted by Napoleon
Kenna
Member since Dec 2007
74900 posts
Posted on 1/22/18 at 9:00 am to
so this is a large multi-unit complex?

sorry, I assumed house or duplex.

Hey, is your landlord an old lady in New Jersey, if so RUN!!!!
She is the worst slumlord in the city. Drive down St Charles, every single crappy looking multi-unit building is hers. She has these moron maintenance men. One ran 220v to a dryer using an extension cord. When on the cord had a temperature of well over 100*.


I saw so many things, I just stopped doing the jobs for them. Two news channels had contacted me trying to get info on slum lords in the area. (I blabbed to a producer friend at a local news org)

Disregard everything I said earlier if it's a mutli-unit. Nothing YOU can do.

If your landlord is in New Jersey, and your property manager is an hispanic looking lady on Napoleon across from Pascal Manale's move out now.

This post was edited on 1/22/18 at 9:04 am
Posted by jlovel7
NOT Louisiana
Member since Aug 2014
24261 posts
Posted on 1/22/18 at 9:01 am to
quote:

Having no water because of faulty maintenance is cause for either witholding rent or breaking the lease.


Unfortunately the lease forbids withholding rent for any reason and I really don't want to break the lease. Damn.
Posted by Breesus
Unplug
Member since Jan 2010
69549 posts
Posted on 1/22/18 at 9:02 am to
quote:

My landlord is telling me his personal maintenance team has done all they can do


Posted by Breesus
Unplug
Member since Jan 2010
69549 posts
Posted on 1/22/18 at 9:04 am to
quote:

said the ones that didn't burst were still frozen solid. So we waited once the temps rose to see if it would return and it's been in the 60s 70s for a few days and still nothing.


No water at all? They turned the water off. Go turn it back on.
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
37551 posts
Posted on 1/22/18 at 9:06 am to
quote:

Unfortunately the lease forbids withholding rent for any reason and I really don't want to break the lease. Damn


I would assume this wouldn't hold up were things actually going to go to court. You can't agree to nonlegal activities and you have a legal right to withhold rent.

I'm not a lawyer so I can't tell you that for sure, but I have some experience with contracts and know that you can't take legal rights even through contracting.
Posted by jlovel7
NOT Louisiana
Member since Aug 2014
24261 posts
Posted on 1/22/18 at 9:08 am to
quote:

I would assume this wouldn't hold up were things actually going to go to court. You can't agree to nonlegal activities and you have a legal right to withhold rent.


Interesting. It wouldn't shock me if my landlord either did this knowing people mostly wouldn't challenge it or just had no idea he couldn't' do it at all if this is the case.
Posted by Napoleon
Kenna
Member since Dec 2007
74900 posts
Posted on 1/22/18 at 9:08 am to
Not for the large managment companies like Tonti. Those frickers. A buddy of mine had a ceiling cave in and multiple ac issues. He decided to not pay the rent. Well his contract he signed allowed him to be fined for non payment.
He had to pay the fee, the late fee, never got his apartment fixed and got evicted. I would wish a Tonti unit on my worst enemy.

Though there are so many slumlords out there in the city. Generally if I feel a customer is a slum lord, I fire them as a customer. I don't want their money.
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