Quiet Enjoyment Being kicked out from something that isnt my fault.......

[heavy_d]

On the day before Thanksgiving we had a sewer backup in our bathroom. The toilet overflowed and black water came up from the bathtub. Our landlord tried to fix the plumbing blockage and ONLY CLEAN the carpet rather than replacing the carpet and pad where the sewage soaked in. When I told her I did some research and I thought that her approach on handling the situation wasnt sufficient because of health issues that could arrise and the fact that my wife is pregnant and I already have a 12yr old, 1 Dog and 1 Cats. After I left numerous messages she finally called us back and wanted to come over to "access" the damage and the situation. When she came over she told me that she came to the conclusion that the best solution to this problem was to just have us move out. The main reason for their argument was becasue my wife was pregnant and she didnt want us to come back and blame them for one of us become sick in the future or worst case a miscarriage. She had no other reason to evict us other than her assumtions of what we "could" do down the road. The only way we could continue to rent from them is if we wrote a letter agreeing to NOT blame them for anything health related down the road as long as they replace the carpet and pad and also puting kilz down to protect from anything harmful. Can they kick us out for these reasons? It wasnt our fault that their pipes had roots growing in them. They are making assumption and kicking us out on those basis unless we write the letter. Is this fair? Can they do this? This is in Denver Colorado btw. It has now been almost 2 weeks and they still havent replaced the carpet and pad. So we will have had that nasty sewer water in out carpet and pads for 14 before they replace it.

 

[army judge]

On the day before Thanksgiving we had a sewer backup in our bathroom. The toilet overflowed and black water came up from the bathtub. Our landlord tried to fix the plumbing blockage and ONLY CLEAN the carpet rather than replacing the carpet and pad where the sewage soaked in. When I told her I did some research and I thought that her approach on handling the situation wasnt sufficient because of health issues that could arrise and the fact that my wife is pregnant and I already have a 12yr old, 1 Dog and 1 Cats. After I left numerous messages she finally called us back and wanted to come over to "access" the damage and the situation. When she came over she told me that she came to the conclusion that the best solution to this problem was to just have us move out. The main reason for their argument was becasue my wife was pregnant and she didnt want us to come back and blame them for one of us become sick in the future or worst case a miscarriage. She had no other reason to evict us other than her assumtions of what we "could" do down the road. The only way we could continue to rent from them is if we wrote a letter agreeing to NOT blame them for anything health related down the road as long as they replace the carpet and pad and also puting kilz down to protect from anything harmful. Can they kick us out for these reasons? It wasnt our fault that their pipes had roots growing in them. They are making assumption and kicking us out on those basis unless we write the letter. Is this fair? Can they do this? This is in Denver Colorado btw. It has now been almost 2 weeks and they still havent replaced the carpet and pad. So we will have had that nasty sewer water in out carpet and pads for 14 before they replace it.

No, she can't legally evict you for requesting her to clean your apartment.

But, Colorado has the some of weakest tenant protection laws in the nation!

Take it easy, or you could be homeless!

No, you are not required to sign a statement waiving your legal rights to sue, should you become ill because of the spill.

I would not sign such a statement.

I also would not voluntarily move, unless you want to do so.

But, I'd stop demanding things until you KNOW your rights.

That isn't helpful to you, unless you want to push your idiot landlord's buttons to do something hurtful to you and your family!!!!

However, is she legally responsible to sanitize the stains and filth left after the sewage overflow?

That could depend on what your lease says.

It could also depend on what the city law (ordinances) in Denver has to say about such matters.

Here are a couple of sites that might provide you with answers on your problem.

http://www.cobar.org/index.cfm/ID/1...rd-Tenant-Rights,-and-Obligations-of-Tenants/

http://www.dora.state.co.us/dora_pages/topicarchive/FairHousing.html

Visit Colorado Division of Housing, which is part of the Colorado Department of Local Affairs, for information to help landlords and tenants avoid or resolve rental-housing disagreements.

http://www.colorado.gov/cs/Satellite/DOLA-Main/CBON/1251590375290

The city of Denver's website:
http://www.denvergov.org/AtoZDepartmentsandServices/tabid/435568/Default.aspx#H

Maybe your city council member, mayor,m or health inspector might help you.



You just might want to discuss your situation with a local attorney.
The initial consultation is usually offered free of charge!

http://lawyers.findlaw.com/lawyer/firm/Landlord_Tenant/Denver/Colorado



This MIGHT be useful to you.
But, don't jump without THINKING!!!!
Take things slow, JOE!!!!

The Landlord's Obligation to Repair

The terms of the lease determine the landlord's obligation to repair the property. Otherwise, the landlord is obligated to repair the property only when:

• Gas burning equipment causes a hazard. A tenant is allowed to move out if repairs to defective and hazardous gas equipment are not made within 72 hours after notice to the landlord. (In such a situation, a tenant is entitled to a full refund of the deposit and a rent rebate)

• The landlord has made a binding agreement to repair the premises

• The landlord's failure to repair the premises violates the covenant of quiet enjoyment of the premises (see explanation below)

• The repairs are for the common areas

• The repairs are necessary to correct a dangerous or hidden defect

Express Promise

If the tenant can show an express promise to repair by the landlord and a failure to fulfill that promise, the tenant has some options. In theory, he or she can move out without liability. However the tenant is encouraged to consult with an attorney before doing so, because the tenant who takes this approach should be prepared to defend his/her actions in a lawsuit commenced by the landlord. If the tenant has given the landlord money for advance rent and a security deposit, he or she is entitled to rescind the agreement and get the return of all the money paid to the landlord.

The tenant may also use the remedy of "repair and deduct," which means that the tenant can pay for the repair and then deduct the cost from the next month's rent. This remedy should be used only in situations where the landlord has clearly promised to make repairs and has failed to do so, after a written demand from the tenants. The tenants should notify the landlord, again in writing, that the cost of the repairs will be withheld from the next payment of rent. The tenant should keep receipts and other necessary records to prove the amount deducted was necessary to perform the repairs.

Tenants who invoke this remedy should be prepared to defend their rent deductions in the event of an eviction based on non-payment of rent. The record of notices to the landlord and receipts or work orders for repairs made is essential to show the court that the repair and deduct remedy has been used correctly.

http://www.cobar.org/index.cfm/ID/1...rd-Tenant-Rights,-and-Obligations-of-Tenants/

 

[disagreeable]

Do you think homeowners tear up rooms full of carpet, when a small section get soaked by sewer backup? We don't throw away thousands of dollars in carpet, we clean the carpet. I would throw you out also, if you were going to be a whiney tenant.

 

[Gail_in_Georgia]

What type of lease do you currently have? Yearly? Monthly?