Water damage to unit...What would you do??

Question

So my mom rents a 1 bedroom of a 6 unit building.She is on the ground floor.My mom is older so the size is manageable for her.

3 days ago she calls me.Apparently the ceiling in the den in back is leaking.I go over to take a look.The leak is right in the center of the room above a ceiling fan.I immediately turn off the power for the breaker switch to the back.

My mom calls the landlord and apparently the tenant upstairs washer implodes or leaks etc. and water is all over their floor.The landlord says he has stopped the leak but that it's 1 a.m. in the morning and he can't run the shop vac until the next day because of the other tenants.

So over the last 3 days the landlord hasn't even came by my mom's apartment.I took digital pictures of the damage and we tarped the floor and furniture and have 2 buckets to catch the water.Even though the leak has stopped (according to him) it is still dripping slowly into the buckets.Half the ceiling I would say in the back about 3 4 by 8 sheets are sagging and some parts have fallen down and the insulation is exposed.

I told my mom that the ceiling fan will have to come down,the electrical wiring inspected,the ceiling areas with damaged pulled down,and the insulation taken out.The area will have to dry and then put back insulation,drywall,new ceiling fan and finish.

I am watching this guy like a hawk to make sure he doesn't rig it.This has happened in some of his other buildings with a pipe leak and he let it "dry" out and rigged it.The other tenants complained of being sick and having mold in the unit and moved out.

This guy has another business and self manages about 20 units.

I am concerned for my mothers safety.The last thing older people need is mold and mildew issues for their lungs.He will repair in the correct way.If he does not I will have no choice but to take to court as my mom's health is paramount.

I ma hoping he will do the right thing as he has in the past.

I can't get over the fact it's been 3 days since the incident and he still has not fixed it or checked the electrical.If this was my building I would handle it immediately.

Just wanting to get others take on this and what you would do.The buildings are 20 years old but in a nice,safe area and my mom likes her neighbors.

Account Closed · Answer

exactly roy..the actual leak really isn't his fault...i had a tenant's washing machine bust on me and it was expensive, even though it was no fault of my own..it seems being the landlord automatically makes you at fault these days unfortunately, and the tenants are quick to jump to the mold claim...of course,the landlord needs to fix this, but i dont think anyone shoudl be throwing the book at him just yet

Account Closed · Answer

mold seems to be the first thing tenants like to complain about...joel, you're a level headed guy...call the landlord and remmind him about the leak...not excusing him, but we're all human, and maybe he did forget...if not, then hey, you have more ammo against him if you reminded him twice and he didn't show up...it does take a while for water to get through the sheetrock unless you cut it out, which is what i would do...as long as he takes car of it soon, mold shouldn't be an issue..leaks happen in apartments, unforutnately.

Joel Owens · Answer

Everyone thanks for the replies. For me the landlords I list and sell property for operate differently. Tenants talk and it can be a good or a bad thing.The clients I have would have this fixed or being worked on within 24 hours to 48 hours max. They like to be ultra responsive to tenants and take care of issues right away.Tenants that have been somewhere awhile usually are happy with the land lord.The potential tenants will go around and ask other tenants how responsive the landlord is to issues that come up. If the tenants say "the landlord gets around to it eventually but I have to hound him" is not good. If the tenants say "the landlord listens to requests and is responsive and cares about his buildings" that makes the potential tenant feel good.If a potential tenant isn't asking these questions it's a bad sign of a tenant trying to live anywhere. So if it was me I can't imagine being in front of a judge and saying "your honor I was told about the ceiling falling down and water damage and was given photos but I did nothing to fix it for 5 days" I do feel for the landlord to an extent.I see some landlords keep patching instead of correctly fixing the problem.Do it right the first time. As long as the work is completed correctly there will not be an issue.I won't have to get involved unless I am forced to.

Roy S. · Answer

A landlord that personally answers the phone at 1 in the morning. Wow. I'd say call and remind him. You can even remind him of how tenants moved out of his other building when the pipe burst and wasn't fixed correctly - landlords are motivated to keep tenants instead of letting the place go empty. If he doesn't do anything over the weekend, you can let him know you'll contact the city's health department and/or building dept. Tenants have a right to a habitable living situation. Good luck! Oh, and be nice to the landlord. Besides your mom's apt, he has to fix the upstairs apt and probably replace a washer. It's going to be an expensive time for him.

Richard Murphy · Answer

You need to get the manager on this right away. I have seen ceilings fall on people if left unattended. I would tell the manager it is unsafe for your mom to stay there until the damage is fixed, mention that mold starts after 3 days and the cost for remediation goes way up once mold is visible. If he is not going to get it fixed today ask if you can hire an IICRC certified restorer and give them the bill or take it off the rent. 3 days with no action is not good. Has the upstairs been dried out professionally? goodluck let us know what happens.