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Is a Tenant Obligated to Remind Maintenance That Repairs Need to Be Made

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  • 12-22-2016, 01:44 PM
    djenks
    Is a Tenant Obligated to Remind Maintenance That Repairs Need to Be Made
    My question involves landlord-tenant law in the State of: Oklahoma

    I've lived in an apartment almost 5 years now and they have done zero maintenance during that time. I have spoken to them and let them know about a couple things but nothing ever came and I didn't really care to push them on it. But I did bring it to their attention.

    I fell asleep on my couch in the very early morning hours studying maybe 3 years ago. I was woken up around 6:30 am by someone kicking and hitting my door. I am the only one without a peep hole in my area. There are 4 apartments and a central landing. So I had no idea who it was. They just kept saying, "Open the f****** door!" over and over.

    I would say, "Who is it?" and they would shout, "Open the f****** door!" This went around and around for 10 minutes. At which point he was literally punching and kicking the door. I kept asking who it was until finally I said, "Look. I'm scared. I don't know who you are or what you want." Because obviously I was frightened.

    He finally says, "It's maintenance. Open the f******door! Your bathroom is flooding!" I run to confirm what he said and sure enough under the sink water was gushing out. I try to turn it off by hand but it won't turn. So I run and open the door and as soon as it is about an inch open he smashes it in and jumps directly in front of me and puts his face real close to mine and says, "When I tell you to open the f****** door, you open the f****** door!" And acts like he is going to hit me so I just tense up. He then rushes toward the bathroom and mocks me along the way, "I'm scared..."

    He gets in there and can't turn the water off either and ;eaves and comes back with pliers. I say to him, "Listen thee is no reason to behave this way. I didn't know who you were and you're acting very threatening toward me and I am not trying to present a threat to you at all. And he says, "Threat huh!?" And get close to my face again and acts like he is going to hit me.

    Finally he says, "It isn't your fault. But when I tell you to open the f****** door you better open the f****** door!" and left. He never came back. What had happened was instead of using a compression nut they used this plastic kind of pvc nut and it cracked from the pressure.

    Everything under the sink was soaked through. The drawers were falling apart. I had to take the drawers out and pull the sides and backs off the faces and toss those parts. Then I had to wipe all the faces down with bleach because a tiny amount of mold was growing. I did the same thing under the cabinet so it wouldn't mold and dried it all out. Then I stacked up the drawer rails and faces and put them under the cabinet.

    No one ever came to fix my sink. I have a compression nut for it. I just need a new gasket. The thing is - Everything in this place is old and it's hard to find the kinds of things they used. I can't really go to Home Depo and say I need a gasket for a 5/8 compression nut and they actually have one. And we don't have plumping store that would carry it. So instead of wasting time looking I just use the tub since I rarely have guests. And I don't want to sink my own money into this place and I don't want to become liable.. Although if I were to put a new gasket, teflon, and nut on the sink they'd never know because they don't keep track of anything or write anything down..

    The reason I told this story is to explain why I haven't reminded maintenance of anything. I never told anyone what happened. The three apartments around me had to have known. I mean there's no way they didn't hear him yelling and cussing. But no one came out to check I was all right so who knows. I never told the manager. We have a tiny staff and I didn't want to turn anyone against me. It is a manager and a 3 person maintenance crew. I believe the guy who did this is gone now. Plus I didn't want to piss off a man who could get keys to my apartment.

    But little things are breaking here and there and it is easier for me to just fix them. I'm wondering if it is my job to remind maintenance about things. When I move out I don't want them coming after me for money because I know they don't log maintenance requests. And I don't want them to be like you owe us for this and then when I say well I told you it needed fixing and no one came and then when they ask when I told them and I say 3 years and 2 managers ago - will that be my fault for not reminding them or theirs for not logging it? because after I said something 2 -3 times I just stopped asking. Plus it's not like the man forgot that entire incident and forgot it needed fixing.

    I plan to put everything I fixed back. One night I came home and my door wouldn't open. The spring in the mechanism broke so I had to climb on the roof and go through my window because I wouldn't have had anywhere to sleep and maintenance would have taken 3 hours to get there. Then I just took the mechanism out and have left it out. The toilet lever broke (it had been super glued apparently.)

    So I plan to take my compression nut, gasket, toilet lever, and just put that door mechanism back when I move out next year.

    Am I responsible because I didn't keep reminding maintenance to fix my stuff or are they liable for not logging it and keeping track their selves?

    And will the complex be seen as responsible for not doing any preventative maintenance during my time here? I mean if they were to come after me for some damage would they be legally to blame at all for doing no preventative maintenance?

    I take care of my apartment and keep it clean but stuff breaks and they use cheap parts. I've gone in other apartments they were "fixing up" after someone moved out and seen enough to know they cut corners. I can see it with my own too. The laminate on the cabinets peels and dissolves just by cleaning it wit ha wet wrag. ALl the damage is wear and tear due to being such an old complex with so little maintenance and upkeep.
  • 12-22-2016, 02:43 PM
    Mr. Knowitall
    Re: Is a Tenant Obligated to Remind Maintenance That Repairs Need to Be Made
    I'm not going to read all of that garbage.

    If you believe that maintenance forgot to complete a repair, and you want the repair to be made, it makes sense to remind them about the issue.
  • 12-22-2016, 02:47 PM
    gail in georgia
    Re: Is a Tenant Obligated to Remind Maintenance That Repairs Need to Be Made
    "Am I responsible because I didn't keep reminding maintenance to fix my stuff or are they liable for not logging it and keeping track their selves?"

    If you don't tell management about realistic repairs that need to be done, they have no way of knowing these things.

    Preventive maintenance MIGHT include things such as changing HVAC filters and checking the batteries in smoke alarms. But unless you notify management of repair issues they're not likely to know that something has broken.

    If you're worried that you might be charged for issues that are normal wear and tear do the repair request in writing and keep a copy for yourself.

    Gail
  • 12-23-2016, 10:56 AM
    djenks
    Re: Is a Tenant Obligated to Remind Maintenance That Repairs Need to Be Made
    Quote:

    Quoting Mr. Knowitall
    View Post
    I'm not going to read all of that garbage.

    If you believe that maintenance forgot to complete a repair, and you want the repair to be made, it makes sense to remind them about the issue.

    You didn't address the question asked. "I'm not going to read that garbage." Great. Then don't bother responding. Geez la weez. Good job on wasting your own time there, Susan. You're not hurting me by not reading it. The only person upset here is you. And just skip the whole dramatic 'be more succinct' BS you're about to write up.

    Quote:

    Quoting gail in georgia
    View Post
    "Am I responsible because I didn't keep reminding maintenance to fix my stuff or are they liable for not logging it and keeping track their selves?"

    If you don't tell management about realistic repairs that need to be done, they have no way of knowing these things.

    Preventive maintenance MIGHT include things such as changing HVAC filters and checking the batteries in smoke alarms. But unless you notify management of repair issues they're not likely to know that something has broken.

    If you're worried that you might be charged for issues that are normal wear and tear do the repair request in writing and keep a copy for yourself.

    Gail

    First off. If I go to them and say, "Hey this is broken." They know. Secondly. If they would have logged it they'd have remembered.

    As explained, I don't want the repairs done. I mean I don't care if they are done. I don't own the building. I just don't want to move out and then them say, "Hey you need to pay us money because this is broken. And then when I say, "I told you guys it was broken 3 times." And they ask when and I say, "Three years ago." Can they come back and say, "Well you should have reminded us. It wouldn't have gotten this bad if you hadn't waited 3 years to say anything else. Can they legally do that? Or do I have to keep reminding them just so I'm not liable for how bad something gets from neglecting it. Basically, are they responsible for checking in every so many years and checking on things to ensure it is good to go. Or am I supposed to keep telling them something needs repaired? What is my obligation on letting them know something is broken? What am I legally obligated to do? Tell then three times? Submit it in writing? And if I don't remind them and just let it get worse and worse am I responsible? Or is it their fault for not logging the issue and getting to it.

    I DO NOT CARE ABOUT ANY REPAIRS. I just want to know who is responsible for keeping track of things. I went to the staff 3 years ago on 3 different occasions and said, this this and this needs fixing can you fix it. When they didn't come and fix it I never reminded them. since then things have gotten progressively worse. Am I responsible for the repairs or are they?

    They have never done any preventative maintenance or checked on my apartment.

    And even for things that aren't any worse just still broken. Is there like a statute of limitations or something? Like the sink has been without a nut for a couple years now. So the water has been turned off on that sink a couple years. After so long of not reminding them it's broken do I become liable for the repair? Or are they liable for the repair until the day I move out?
  • 12-23-2016, 11:37 AM
    pjones78
    Re: Is a Tenant Obligated to Remind Maintenance That Repairs Need to Be Made
    I like to come here and read and had to create an account because this is one I can answer!

    I lived in an apartment in OK. I was in a similar situation. The short of it is they are responsible for damage that isn't your fault. As long as you live there.

    So if the sink broke because of the weong washer the apartment management is responsible for fixing it. You're just obligated to inform them. What happens after that is their responsibility. If they don't come and fix it and it gets worse it's legally their fault.

    Now what I can't answer is about the guy who cussed at you. I don't know if you're responsible for not telling them. On one hand maintenance clearly knew there was an issue. But odds are the guy didnt tell anyone else and he no longer works there you said. So legally it may not be the same as telling them. You just more assumed they knew thinking mo one could forget an interaction like that.
  • 12-23-2016, 11:43 AM
    djenks
    Re: Is a Tenant Obligated to Remind Maintenance That Repairs Need to Be Made
    Quote:

    Quoting pjones78
    View Post
    I like to come here and read and had to create an account because this is one I can answer!

    I lived in an apartment in OK. I was in a similar situation. The short of it is they are responsible for damage that isn't your fault. As long as you live there.

    This is what I was mostly told, but I'm not sure. I've heard different things. I would assume telling them once is enough. I don't see why it'd be my responsibility legally to ensure they remember something in their building needs fixing. (As long as I don't care if it gets fixed. Which I don't.)

    You're right about the maintenance man who cussed and threatened me. I just assumed him knowing was good enough. I assumed that counted as maintenance knowing and was a little scared to try and tell maintenance in case he was in the office. But I doubt that is a legal defense.

    Thanks.
  • 12-23-2016, 12:37 PM
    Mark47n
    Re: Is a Tenant Obligated to Remind Maintenance That Repairs Need to Be Made
    1st, if someone was beating on MY door and screaming I'd just call the police if they refused to tell me who they are. I'd not even debate it.
    2nd, did you complain to the management about the maintenance tech or were you too afraid of retaliation?
    3rd, since you took it upon yourself to dismantle this or that in the apartment they may hold you responsible for damages. This also goes for failing to report things that are broken. Given that they may consider you liable I'd think you'd be making all kinds of racket to get things fixed. Granted, you could contest it but you're the one that did the dismantling...see where I'm going with that?

    Maintenance departments don't "log" things in the way that you may think. It's very much a squeaky wheel get the grease, especially if you're dealing with a large property management company with a small maintenance shop, which would not be uncommon. I hope you documented the damage prior to dismantling anything and can prove that you made attempts to get maintenance out there. Documenting after the fact won't get you anywhere after you attempt to effect repairs yourself.
  • 12-23-2016, 01:16 PM
    jk
    Re: Is a Tenant Obligated to Remind Maintenance That Repairs Need to Be Made
    If you didn't document the incident with a written communication with the management you may very well find yourself being billed for damages.
  • 12-23-2016, 01:34 PM
    Mr. Knowitall
    Re: Is a Tenant Obligated to Remind Maintenance That Repairs Need to Be Made
    Quote:

    Quoting djenks
    View Post
    You didn't address the question asked. "I'm not going to read that garbage." Great. Then don't bother responding

    Don't act like a petulant child -- although that sort of behavior helps explain how people like you get yourself into this type of situation. Creating a second account to post to your own thread? How ridiculously immature you are.

    There are probably three relevant sentences in that ridiculous narrative you posted. If you want more than an answer to your question -- which I gave you -- dig them out. If you are too lazy to do so, that's entirely on you.

    If you don't care about repairs, great. Don't ask for repairs, and enjoy your apartment, as-is.
  • 12-26-2016, 10:40 PM
    djenks
    Re: Is a Tenant Obligated to Remind Maintenance That Repairs Need to Be Made
    Quote:

    Quoting Mark47n
    View Post
    1st, if someone was beating on MY door and screaming I'd just call the police if they refused to tell me who they are. I'd not even debate it.
    2nd, did you complain to the management about the maintenance tech or were you too afraid of retaliation?
    3rd, since you took it upon yourself to dismantle this or that in the apartment they may hold you responsible for damages. This also goes for failing to report things that are broken. Given that they may consider you liable I'd think you'd be making all kinds of racket to get things fixed. Granted, you could contest it but you're the one that did the dismantling...see where I'm going with that?

    Maintenance departments don't "log" things in the way that you may think. It's very much a squeaky wheel get the grease, especially if you're dealing with a large property management company with a small maintenance shop, which would not be uncommon. I hope you documented the damage prior to dismantling anything and can prove that you made attempts to get maintenance out there. Documenting after the fact won't get you anywhere after you attempt to effect repairs yourself.

    You're not even reading what was written You're just misdirecting your own anger on me Real grown up of you...

    The 2nd was answered...
    I didn't dismantle anything really. It was falling apart. They used the wrong part and the water pressure cracked the plastic nut. It soaked everything to the point it was falling apart. The sides of the drawers were this thin plywood. They were so wet they just were falling off the rails and off the faces. So I just pulled them off the face all together. It wasn't so much cut and dry me dismantling anything. It was either have mold or don't have mold.
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