Getting Repair of Numerous Water Leaks

My question involves landlord-tenant law in the State of: Ohio

Where do i start. I work second shift I came home to leaking ceilings 2 nights in a row i called the emergency on-call maintenance man twice once he claimed the up stairs apartment washer house was leaking, the second night he claimed the hot water tank house was leaking but all has been fixed. To my surprise i come home the third night and the whole ceiling in all rooms are water damaged he stated the hot water tank went. My bed was soaked with a red colored water, my coach was soaked, & my clothes and shoes all damaged. I know i should probably had renters insurance it was not mandatory per my lease. In the mid of winter they decided to let the place air dry instead of bringing in heaters. So basically two weeks later after calling the city on the apartment complex they finally came in and did patch work. Still i had sagging wall & craked walls. I was thinking maybe they would attempt to help me out with cleaning the soaked items but nothing. I recently talked to a attorney but wondered if i should sue the complex and what would be my chances of winning. I can show proof of everything! I would probably want refunded for all the clothes i had to purchase, my couch and my bed. I moved out on the last month of lease agreement so i would most likely want my security deposit back as well as they didn't fulfill their side of the lease why should I.

What did the attorney say regarding this matter (I suspect you were told your chances of winning a lawsuit were poor and you didn't like this).

I'm also assuming you didn't pay your last month rent and still expect your security deposit back?

Gail

Well Gail in Georgia :). Your assumption was wrong he told me i had a fairly solid case. He had been in communication back and forth with the apartment legal team until last week when all correspondence stopped I'm assuming because the apartment attorney said his client had no knowledge of previous leaks and the hot water tank exploding was a freak accident. I'm assuming the apartment complex didn't think i would save the work orders so i forwarded the work order over to my attorney. He wrote a letter and sent a copy of the work order stating his client did in fact know of the leaking. So last week my attorney sent him a letter stating that if a response is not sent by 5 business days we will proceed to litigation. I was just trying to see from senior members such as yourself is my case solid as a rock and should i proceed to litigation. Also yes i want my security deposit back I'm assuming a lease needs to be upheld by both parties in order for it to be enforceable. Why should i pay for something that is not up to standards.

No such case is "rock solid". We, as yourself, have no way of knowing whether any leaks initially investigated were related to the hot water tank going out. If the hot water tank went, it can be, absent proof to the contrary, not known to the landlord as a defect and therefore he likely bears no responsibility. Had you carried renters insurance, it would have covered the issue.

Thank you Disagreeable. But i do know that previous leaks investigated were related to the hot water tank. The work order from the second day of me calling emergency maintenance clearly states " Hot water tank hose leaking fixed leak. Will be by Friday after ceiling drys to repair drywall." This was forwarded over to their legal team. That when communication with their legal team has come to a stop. Yes i should had renters insurance most places its mandatory but not at the apartment in question. But even if i had renters insurance would they have covered my damages even though i called 3 days in a row about the same problem?

Investigated, does not mean the water heater was determined to be faulty. Though you appear to have a case, it is no where near "rock solid". I suspect the complex will come to a settlement offer, rather than pay their lawyers to appear in court. Remember, you are only owed the depreciated price of your used furniture. Your clothes can be washed.

Thank you again for the response. But i don't understand what you mean by investigated. Yes it was Investigated by the apartments emergency on call maintenance man and it was determined by him "not me or my attorney" in his writing on the work order that it was the hot water tanks hose leaking and that the problem was solved. Next day everything is damaged. Clothes can be washed I agree except if they are solid with red stains from the hot water tank which majority of everything was. A settlement offer would be fantastic but i don't think i will let them undervalue my items. Somethings i can replace with money but somethings you cant.

"Your assumption was wrong he told me I had a fairly solid case"

So why are you bothering us here except to argue with some strangers? This is the guy you're paying the big bucks to who knows far more details about the case than we do.

Hopefully this attorney has reminded you that if you have left your lease early (and your first posting is confusing regarding that matter) any litigation you decide on will likely be met with a countersuit by management for any owed rent because, well, they have nothing to lose by doing so. Please keep this in mind as you put a fair market value on the items you will claim have been damaged by all of this.

Gail

Thank you Gail never put much thought in a counter-suit but i did leave my lease a month early after consistently asking them to come in and repair the crappy job they did in the first place. But that is something i will keep in mind and bring up to my attorney. I didn't think it was possible for a counter-suit if they didn't hold up to their end of the deal.

Water heaters have a pressure release valve. Hard water sometimes builds up at the valve, causing it to leak. Running the valve can sometimes clear it. Sometimes the valve needs changed. Sometimes very rarely, it is indicative the hot water heater is over heating. If the later occurs and system regulation fails, it can dump water or explode. Without the facts, we and you only know something was going on. It does not indicate negligence per se.