Notified Landlord by Phone and in Person of Leak

[trinagirl]

Leak in kitchen sink pipe and water poured into cabinet below and onto floor. Called landlord same day, (Sunday)he came upstairs a few hours later and saw the leak. Pipe was crumbling, its so old. He doesnt live in building, but owns/works in store below apt. In meanwhile, cant use sink at all.
Said he would fix the next day, for me to come into store after work. Rushed home after work, he said cant, has to drive his mother somewhere. Asked if he would send someone else to fix, he said no, he will take care of. Said he would the next day, or latest, day after.(Wednesday). Said definitely. He didnt next day (he didnt show up at store). Day after that (Wednesday), called him at store, and he said he cant, because its his birthday and he wants to go out and get drunk!! (Didnt tell me this on Monday!).
Then he said would DEFINITELY fix on Thursday.
Called the store on Thursday from work, his son-in-law said he didnt come into store at all! Not expected to be in, and nothing said about repair.
Left my phone number and to PLEASE call and was told he will call me back. Never did. He was at store (saw car there), Friday, Saturday. Heard back nothing. After 5 days in a row of asking him, he knew I was waiting to hear back.
Was so sickened about all this, and not being able to use sink, I had plumber fix this on Saturday(six days later from telling landlord), and daily broken promises to fix. Paid the bill, which was over $200.
Can I deduct at least part from rent? Didnt send in writing, because he PROMISED DAILY that he would fix each day the NEXT day.
Am I stuck with being liable for this whole payment because I didnt send a certified letter?!

 

[jacksgal]

No you cannot in fact some states do not even allow such a deduction. The ones that you must follow a certain procedure. You can certaily request the monies form Landlord but he could deny this as you did not give him time to resolve issue. Furthermore you may have gotten yourself in a bind order a repair on sink you do not own!

 

[jharris352]

I'm going to have to do some research on your State but I have to respectfully disagree with Jacksgal. You have a right to a habitable place, further you did give him a reasonable amount of time to fix the sink. Asking someone to live without a kitchen sink is not proper. I'm fairly certain you can deduct it from the rent but let me check. There is a concept called quantum meruit that would apply. That would totally protect you from "fixing someone else's sink." You are responsible for the quality of the work, but if you added value rather than detracted you are safe. I'll see what I can find. If I can't find it Gail will come along here soon, she seems to have this stuff at her fingertips.

 

[jharris352]

I think you are on good ground. The second question in this lawnet site covers your State. Without a kitchen sink you can not effectively cook or do dishes which would be against code for a habitation. It must be fixed. Whether you gave him enough time is a question and he may argue about how much you spent (if it got to court get three estimates), but I don't think he would have any grounds to evict you if you withheld the $200 and gave him a receipt for the work. Keep a copy of the receipt but he must get one so he can deduct it from his taxes.

You are ok to deduct it from your rent.

http://www.njlawnet.com/njlawreview/landlordtenant101.html

 

[trinagirl]

Thank you for replies!! So far, the landlord has STILL not responded. I doubt if he will. Think he would like me to just not use the kitchen sink. Ever.
I did not want to call daily and continue to get 'appointments' that are cancelled each time. Or more no-shows.
During that week I had to wash dishes in my very small bathroom sink. Forget about pots or anything large.
Yes it was a good repair. New pipe and installed well. Like I said, the old pipe was literally crumbling. Water poured right out.

Am wondering, what is considered a 'reasonable amount of time' to repair?
Was without sink for 7 days. How many days? Does it depend on the problem?

Next time, I certainly will send in writing. But because I was told it would be fixed the 'next' day, for sure, (for 4 days in a row this game went on), didnt think it was necessary. Learned that lesson!
Am thinking of deducting approx. half the amount of bill and enclosing a copy of detailed receipt. Was a $72 charge for a same day appointment. Plus tax and fees. Does that sound fair?
Will find out when when I pay next months rent. Am sure he wont be pleased since he planned on spending zero.
And honestly, I dont think he would have been capable of doing the repair. He is not a plumber or handyman. Owns a deli. Makes a good sandwich, thats it. Would have been left with a mess.

 

[jacksgal]

Like I said the states that allow for such deductions have a process you "must" follow. You need to see if you have done so or not or you might have to eat the bill

 

[Gail_in_Georgia]

Attached is some information on the options a tenant who lives in New Jersey has when a landlord fails to address repair issues. The issue becomes whether, by failing to address the repair, the landlord has breached what is known as the warrant of habitability; i.e., if the repair needed was so major that failure to address this meant the tenant was no longer able to live in the rental unit.

Not having a kitchen for 7 days may be an inconvenience but I'm not certain if a judge would see that failing to have one meant that the tenant would have to leave the rental unit:

http://www.njlawnet.com/njlawreview/landlordtenant101.html

Gail

 

[jharris352]

I sent her the same link Gail. Having a kitchen or a bathroom is a vital component of a dwelling. Not having one is inhabitability. Sure there is an issue to be decided but she is certainly ahead going in.

Examples of defects that effect habitability are: lack of heat or hot water, defective appliances, plumbing fixtures or electrical outlets, and defective doors, locks or closing devices.

As you can see in the quote from your link, "defective appliances and plumbing fixtures" can be inhabitability. Plumbing is vital.

 

[Gail_in_Georgia]

It's doubtful that not having access to a kitchen sink would fall into the category of the place being so uninhabitable that the tenant can no longer occupy the rental unit. Sure it's annoying and the promises of the landlord coming in to fix it and never actually showing up is even more annoying but the fact that the tenant has continued to live there clearly shows that the unit is habitable.

Years ago when I was first dating my partner long distance and I went to his place, I found his kitchen sink was unusable. His ex-wife had poured something down the drain that very effectively clogged the kitchen drainage system. The clog was deep in the pipes below the lines under the sink and suggestions to contact his landlord fell on his deaf ears. He didn't want the old guy nosing around his place.

The end result is that the four years we did the long distance dating thing dishes were washed in the bathtub. Very strange (and a bit hard on the back) but effective.

I did draw the line when, a few months before he moved to Georgia his hot water heater went out and I had to let him use my camping "Sun Shower" to get enough hot water to take a shower. Note: this was a mobile home he owned so issues with the hot water heater were his responsibility, not the person he was renting the lot from.

I personally believe that the landlord does owe for this plumbing repair and the OP deducting only half of this off the bill is certainly very generous of her.

Gail

 

[trinagirl]

Even though it was a big bill and i will pay for half of it.
Dont regret calling in a plumber after a week. It took over 2 hours to properly do this repair by a plumber who had about 10 yrs experience.
Maybe the landlord knew some basics about plumbing, but i doubt if he would have been able to fix this right. He would have left the job half done and then I would have to chase him daily all over again. Go without a sink for who knows how long.
He refused to send someone else to fix this. All about saving a dollar i guess.
It seems ridiculous. They can deduct it on taxes. And why would someone want to be contacted again and again. Leaks cant fix itself, so why not take care of it and be done. Even if I moved out, would HAVE to fix it before another tenant moved in. What is rent for anyway, if they wont handle the basics?!

 

[jharris352]

You do what you think is best but I wouldn't pay it until he complained. Use paying half of it as a bargaining chip to get him to settle out. In other words when and if he threatens to evict you, you can offer to pay half of it to get him to just drop it. Otherwise the judge will decide how much of it if any you owe.