Can any action be taken?

[Mnementh]

Okay, I live in an apartment and it's on the middle floor of a three floor building. Well, today, for some reason, the ceiling starts leaking. Granted it's rainy and nasty today, but I'm not on the top floor and the area that was leaking (if the apartment above mine is laid out just like mine) is nowhere near a sink or shower or any other source of water, so I don't know what could have caused it.

Anyway, I wanted to go speak to my landlady about it and see what could be done. Well, the office hours are 9-5 on weekdays. I went over there around 11 and it was closed, with no reason given as to why. I left for a while, hoping that it would be open again when I got back. It still wasn't. Because of that, nothing was able to get done about the ceiling.

Well, just a few minutes ago, the leaky section of ceiling collapsed! I sent a very nasty email to the head honchos that are the bosses of even my landlady. Of course, I haven't heard back yet. It's only been a few minutes. But this whole thing could have been prevented if their office had been open.

I'm just wondering, do you think any kind of action can be taken against the owners of the apartment complex because of this, or not? And if so, how far do you think it could go?

 

[HeatherH]

Were your upstairs neighbors home? Did you check with them to see if they had a water problem up there?

At this point, it's too soon to say what kind of action can be taken. Obviously your landlord should fix the ceiling and any damage to your apartment. Hope you get it all worked out!

 

[Grumpy's Gal]

did they provide an after hours emergency number?

 

[java]

Condo or coop yes action can be taken... Rental- well that might be different- they should repair the damage but the damage to your stuff would be covered under rental insurance. Do you live in bad weather area? That could account for someone not being there. I feel your pain. When we lived in a condo the upstairs people flooded and it came through the ceiling and destroyed our floor- it was actually a building owned apt. So we were able to get our repairs done - paid by the management office. Good luck and you might have to go after the people upstairs for damages if it was there fault- if it is a burst pipe- then perhaps the landlord. So sorry

 

[Mnementh]

Were your upstairs neighbors home? Did you check with them to see if they had a water problem up there?

No one lives in the apartment upstairs. I don't generally talk to my neighbors and I've never even been upstairs until this morning, so I just found out today. I found out what caused the leak, but I'll get to that in a minute.

did they provide an after hours emergency number?

Well, here's the part that makes me look like an idiot. Their main number (the number that's posted on their office door and all their business cards and all their letterhead that I've ever seen) actually goes to their 24-hour maintenance department. Well, I assumed (because I was never told otherwise) that the number was for the office itself, and since it was empty, I figured there would be no point in calling it.

Do you live in bad weather area? That could account for someone not being there.

Yes, it has been fairly icy around here. And yes, I found out today that that was indeed why no one was there. But in my general area, they made quick work of the icy roads and I have seen very few icy roads at all no matter where I drive. There are actually two people that work in that office and I don't know where either of them live, but I didn't think it could possibly be so icy that neither of them could have made it in.


So for an update: I visited my landlady today and found out what the cause of the problem was. The leak happened in a section of room that was right by a window, and therefore right by the outside. Apparently, some ice had gotten into the siding on the apartment and when it melted somehow got through the wall and started leaking. They said my neighbor to the right of me as well as my downstairs neighbor were experiencing the same problem.

A maintenance guy fixed the leak before I even woke up this morning, but there's still water in the insulation that's dripping. He said he wants to let that water finish dripping before he gets a roofer in to fix it, which is understandable. Thankfully, he came in with a big trash bag and threw away the big pieces and vacuumed up all the tiny scraps, which was nice, but expected.

Here's the kicker, though. My landlady said that this kind of stuff happens every winter when we have an ice storm. Shouldn't she have warned me about that before I moved in, instead of waiting until it happened to tell me? I think I should get at least a month's free rent for that, but maybe it's just me.

 

[Enchanted Tiki Bird]

I think I should get at least a month's free rent for that, but maybe it's just me.

You can't be serious. Why would you feel entitled to a month's free rent? It seems as though they took immediate action when you informed them of the problem and they are coming to follow through with the repairs. What more could you ask for? That's why we get rental insurance. For accidents like this. Maybe she didn't tell you because they thought they fixed the problem or it's never happened to your specific apartment. Regardless, a renter has no obligation to inform the rentee of all the things that might possibly go wrong with their apartment.

 

[themarquis]

this kind of stuff happens when you live in an apartment A sad fact of life...

that is what the after-hours number is for ... I've had crappy things happen in apartments, too (like raw sewage from the apartments above flooding the bathroom!! ) -- when it is an emergency usually they come right away and try to take care of it.

in my opinion, no, you are certainly not owed a month's free rent. However, if you had stuff that got damaged (which you did not indicate) then there may be a possibility of getting reimbursed for that. You can check your area's rental laws and see what their specific obligations are. Some people take their landlords to small claims court for that sort of thing, as well.

Some people get money off their rent or a free months rent IF damages to their apartment are so significant that it makes it uninhabitable, significantly negatively impacts their ability to live in the apartment, etc. OR if repairs take a really long time and the repair process is so arduous it affects inhabitability. Sometimes landlords can be ruled negligent in that they know there are problems with an apartment or a building and they have the ability to take care of them but they don't. It seems doubtful that any of these things are the case for you, with the possible exception of the last one (though I don't know how you would get money or free rent for that).

Unfortunately crap happens for people who live in apartments, as well as for people who live in their own houses. Just because it was inconvenient or annoying for you does not give you a free pass to demand damages. Something much worse (like your belongings getting damaged) would have to happen.

 

[Andy B]

There is very little they could have done if you had told them earlier, if water had made its way into your appt then most of the damage has already been done.

 

[golfgal]

The only time they would be obligated to prorate your rent would be if you couldn't live in the apartment for an extended period of time, usually at least a week and then it would be just for the days you were unable to live there. These things happen, they happen in people's houses too. That is just part of life. Next time just call the maintenance number, lesson learned.

 

[java]

Well it sounds like they took very swift action in handling it. I can understand your frustration but no as a former landlord myself this doesn't warrant a free month. However if this is an ongoing situation it is a reason that you should be able to break your lease. If it is something you were not told about when you signed up.

 

[momof3disneyholics]

I've had some bad things happen in apts before. My ceiling used to leak in an apt I used to live in and it took the landlords months to figure out it was the apt upstairs and come and fix it. I'm surprised my ceiling didn't collapse too.
My apt that I live in now is pretty good. The only issue I've had is the married couple next door that fight all the time.

 

[Beth76]

Their main number (the number that's posted on their office door and all their business cards and all their letterhead that I've ever seen) actually goes to their 24-hour maintenance department. Well, I assumed (because I was never told otherwise) that the number was for the office itself, and since it was empty, I figured there would be no point in calling it.


I think I should get at least a month's free rent for that, but maybe it's just me.

Well you failed to call the maintenance number. Did you think that there is someone in the office 24/7 to answer the phone?

And no, you are not entitled to a free month's rent. In college, my apartment flooded in my roommate's closet. They fixed and cleaned up the problem and paid for any damages to her clothes. But we didn't get free rent. Actually, I believe all my apartments have incurred some sort of damage and we didn't get any thing from it. Because it damaged their stuff, not ours. One time the car port collapsed on our cars and we still had to pay for it (well our insurance).

 

[The Mystery Machine]

They are fixing the issue. You don't get free rent because of stuff like that.

 

[dcgrumpy]

They fixed the problem as soon as they found out about. There's no reason you should be entiltled for a free months rent. Even if you did think the number went to someone in the office it would have made sense to call it and see if there was a message for emergencies.

 

[Crankyshank]

Why on earth would you be entitled to a free month's rent? It's not the fault of the landlord that you failed to call the maintenance number. They fixed the issue as soon as it was reported to them, and serious damage to your property did not occur.

 

[shirleyb]

So you were inconvenienced for 1 day and you think that entitles you to live for 30 days for free? That's a little much, I think. I'd chalk it up to lessons learned.

 

[yeartolate]

They had an emergency number that should have been called. No freebies. Just suck it up as one of life's many learning experiences.

 

[Miss Jasmine]

That was one swift response. There is no way you are entitled to an offset of rent. And I hope you apologize for going above the landlord's head to the "Head Honchos" or at least follow up with an email to the Head Honchos saying what a swift response it was.

Gah...entitlement.

 

[ZipaDeeDooDah]

Here's the kicker, though. My landlady said that this kind of stuff happens every winter when we have an ice storm. Shouldn't she have warned me about that before I moved in, instead of waiting until it happened to tell me?

Yes! Why haven't they been able to permanently fix it?

 

[gradtchr]

My personal thoughts. Even if nobody was in the office and there was a number posted that I thought would ring to the office I would have still called it and left a voicemail for them so that the issue could be addressed ASAP. I know when I lived in an apartment if the office was closed staff still checked the voicemail from home so they could get maintenance there immediately. I had my heat go out one very cold Texas night and called the number at midnight and found that it transferred to the emergency maintenance number and I had someone at my door in 15 minutes with space heaters to use until the issue could be resolved the next morning.

I'm sorry it happened but such are the joys of apartment life. I do not think you are entitled to anything but what you have received, quick service once you informed them of the issue.