Do I have a Case???

Against my Apartment Complex?

Sunday 6PM: Guest Toilet begins to overflow and spill out onto the bathroom floor and into the hallway, covering everywhere with raw sewage. Master Bathroom begins to overflow as well as both bathtubs begin to fill with sewage. Call Emergency # and left a message twice.

Sunday 8PM: On of the maintenance lady comes over to have a look at the problem, then says all she can do is get a shop-vac out to vacuum the rug. She does so, which I found was pointless as the overflowing problem continued to put sewage in the area. She leaves with a promise that carpet cleaners and a plumber will be there at 8pm the following day.

Sunday 10PM - Mon 7AM: Faced with a choice to either breath in the raw sewage or stand outside in the freezing snow. We had no other choice but to breathe in this toxic mess until morning, only going outside when having the need to urinate. During around the 6AM mark Monday morning I began to become ill, have problems breathing and had develop a severe headache. Needless to say I wasn't able to sleep so decided to wait until 8AM for the maintenance people.

Monday 8AM: No one shows, I feel like I am about to die I am so sick.

Monday 9AM: Decided to go over to the office to ask what the hold up was. To my surprise the office lady really had no clue of my problem and contact the maintenance man whom said he'd be right over.

Monday 9:20AM: To maintenance ladies come over and quickly look at the bathrooms, one covering her nose unable to stand the smell, didn't stay but all of a minute.

Monday 11:30 AM: The plumber arrives and begins to unclog the pipes. Leaves about an hour later. Now we wait for the people to come clean the carpets, and sewage up.

Monday 2PM: After the 32 hour mark of sewage smelling I could no longer to endure the smell and my sickness I decided to go with my friend to the hospital to get checked out. He had called around 1pm that day and asked me to go with him there because he thought he had broken his finger, I agreed since I was going there anyway and filled him in on my situation.

Monday 6PM: When I had arrived back to the apartments the carpets appeared to be clean, and the sewage in my bath tub vacuumed, not cleaned, just vacuumed. Being to sick to even attempt to finish the job I went to bed early and decided to do the choir in the morning.

Tuesday 10AM: I wake up and spend the better part of the day cleaning the entire bathroom, sanitizing it with every cleaning chemical I could get my hands on. Still feeling sick, I pressed on to do this.

Tuesday 5PM: Toilets begin to overflow again, the whole nightmare of Sunday night had come back to rear it's ugly head. Realizing that all my cleaning work from earlier that day was completely shot to hell, I had no choice but to call apartment maintenance.

Tuesday 5:15PM: The maintenance guy arrives quite quickly, bringing a shop-vac again to vacuum up the mess, again pointless as it would be saturated with shit the next 5 minutes.

Tuesday 6PM: Plumber gets here, talks with the maintenance guy, then they both disappear. Perhaps to go upstairs to see if the problem is there. At this time I am starting to get sick again breathing in these fumes, it's really cold outside, and I got a funny feeling nothing with be cleaned until tomorrow, even if then.

Not my area of the law, but an apartment comes with an implied warranty of habitability, meaning that if the apartment bceomes uninhabitable due to circumstances beyond your control, the landlord is technically in default under the lease and you usually have the right to not pay rent for that time, or fix the problem yourself, and then deduct the cost from your rent. Many leases limit the right to self-help, however, and require you to llow the landlord to try to fix it first.

Thus, based on what I am remembering from first year property, which was 15 years ago, you don't really have a "case" in the sense that you could sue them, but you may have some recourse. You might want to check your phone book for a tenant's advocacy group in your area.

You've proven a fairly strong case for being not too bright, at least. If the place is toxic, get the hellout of there & resolve it later. Isn't a hotel room cheaper than a hospital one?

That said, rights vary by locale, but generally they have to provide you with livable quarters or you don't have to pay for that period. Your renter's insurance or theirs gets to pay for damages depending on who is responsible.

But there's no reason to sue until after the refuse to live up to their obligations, which you haven't stated at all. Have you presented them with a bill?

-r