Re: Massive 2nd Floor Leak Damage; CA; Asbestos; Please Help

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Nick,
I am currently in a VERY similar situation and was wondering what happened
to you? Did you end up suing and if so, how much did you seek (and I'm
guessing win)? I hope you or someone else responds and can answer some
of the good questions you posed.

Thank you,
-Lydia

On 6/17/10, Nicholas wrote:
> On June 16th, 2010, my apartment here in Los Angeles was
> extremely flooded due to an act of negligence on behalf of
> the apartment managers and independent plumbers. I am
> extremely angry because I have previously noted to the
> landlord that a small leak in the bathroom had occured in
> the first week when i lived there, which he even saw for
> himself. He assured me that it was no problem and that the
> upstairs tenet had been taking a hot shower for too long
> previously.
>
> About a month and a half later down the line, I get a call
> around 8:00pm from the landlord, who tells me of what had
> happened. I had been out all day looking for a job, as I
> have just graduated from college and am in need of money.
> When I arrived back to my apartment, the most brutal stench
> could be smelled. The ceiling had suffered major damage in
> three primary locations (bathroom, kitchen, living room).
> Water had also still been left under file cabinets, etc.
> Before I arrived to my apartment, the landlord told me that
> they had a crew of people in my apartment cleaning up the
> place prior to my arrival. The water has damaged and broken
> a variety of electronic accessories, including chargers,
> audio/video devices, etc. At the time, they said it would
> not be a problem to reimburse me for any personal damages,
> and just to simply bring them copies of receipts as
> necessary.
>
> What really ticks me off is that the plumbing system here
> has been a huge issue ever since I arrived here three
> months ago, but they assured my not to worry about it.
> Every one or two weeks, the landlord has to call a crew to
> come by and clean the main pipeline, in order to ensure any
> flooding is prevented. The toilets often bubble when this
> case is at hand, signifying backup in the mainline. The
> landlord has made it the responsibility of the tenants to
> to call if such noises are heard. I have always been on
> good terms with the landlord.
>
> The building I live in is six stories, apparently leaving
> the first floor to be the most suceptible to incidental
> flooding. The landlord had told me that in order to clean
> up the main line that day (there had been scheduled
> maintenence from 9am to 2:30pm that day), they would have
> to turn on all the second story fossets (while the water
> was off) and then force the materials out manually. When
> they decided to turn the water back on, they had forgot to
> turn off the water fossets at 211 (i'm apt 111), where
> nobody currently lives at. Because I was gone, 211
> completely flooded my room below, in addition to the
> apartment next to me (109). I consider this an act of
> negligence on behalf of the maintenence crew which made the
> mistake, as well as gross negligence on behalf of the
> landlord who was aware of the issue.
>
> Clause 9 of my contract specifies:
>
> DAMAGES: Tenant shall promptly pay for any damage to the
> premises, general premises, contents, furnishings and
> equipment thereof which may be caused by Tenant, his guests
> or occupants. Drains and waste pipes are acknowledged to
> have been clear at commencement of this agreeement unless
> reported otherwise to landlord within one week therefrom
> and the cost of clearing any partial or complete stoppage
> occuring during the term of this agreement shall be paid by
> tenant. (Fortunately, I had shown them the leakage issue
> within the first week of my residence.)
>
> Clause 18 of my contract specifies:
>
> ASBESTOS: This is to make you aware that the following
> items may be asbestos containing: Acoustical ceilings,
> interior sheetrock (Drywall) / joint compound, tile floors
> or the glue under the tile floors. Therefore, if any of
> these items is broken or damaged, please notify the manager
> immediately, Do not try to repair item yourself. (Asbestos
> and mold is now wet and exposed; the entire partition
> between me and the 2nd floor is SOAKED).
>
> There is also a "MOLD & MILDEW ADDENDUM" which states at
> one point, "Excess water shall be immediately removed to
> prevent further damage in such a case."
>
> The landlord said it could take two to three weeks to fix
> the issue. The landlord plans to completely rip out most of
> the ceiling and walls where damages exist while I am
> present in order to release liability of personal property
> which could be damaged. Note that I have a statement and
> signature from my neighbor, who was also affected
> substantially by this incident. I have told them within one
> week from when I moved in that there was a bathroom leak,
> which they never pursued to fix entirely.
>
> Now they have placed a LOOOUUUUDD Powr-Flite PD2500
> Power/Dryr in my apartment, which they said to leave on
> 24/7. They let me know that it was ok to turn it off at
> night, but because the stench is so incredibly bad (and
> smells dangerous), I have to leave it on with the windows
> open (btw, no heating at my apartment). It is incredibly
> cold and difficult to sleep at night, walls are now showing
> heavy signs of wear from water, and the stench is
> incredibly bad. Because the building has been here since
> the 50's, mold has obviously accrued over a substantial
> amount of time. There is also exposed, damp asbestos which
> really scares me and my wife. Plus, how can they expect me
> to pay for the massive amount of electricity from having
> this Extreme Power Dryer in my house on 24/7. They are even
> bringing in a de-humidifier which will be on 24/7 soon.
>
> The landlord has not offered to place me in a hotel, or to
> prorate and deduct the two to three weeks of rent upon
> which I have to endure these circumstances. I have still
> maintained my composition of professionalism, yet am
> furious on the inside. There is also water dripping all
> over the sink and toilet, making it a terrible burden to
> perform either act of usage without receiving a
> complementary shower. I am also worried about my own and my
> wife's health. Please note that I have a witness in
> conjunction to the incident and have previously noted the
> leakage issue. Aside from a direct witness, many are aware
> and dissatisfied with the plumbing system entirely.
>
> Now I just graduated college and am looking for a career
> with little money in pocket. I always pay rent and
> utilities on time and the timing couldn't be any worse. I
> am ready to be a leader and do as much as legally possible
> to prevent further issues for others in the buildings, and
> especially myself, who has always been an upstanding tenant
> my whole life. The plumbing in this building has been a
> problem forever, according to both landlord and tenants. I
> feel there are multiple actions that I can pursue with
> legal emphasis, yet am seeking the highest amount of
> remedies for damages possible. I am currently on a one-year
> lease and love the place, yet hate such dangerous
> conditions.
>
> At very least, I would like my electricity bill and rent
> bill for the month prorated and deducted for the time of
> damages, and to be placed in a hotel at least. I feel these
> are dangerous conditions to live in, given the visibility
> and smell of mold and asbestos all around me. I have taken
> pictures when I first moved in, and now have extensive
> pictures of both the room above me and my own apartment. I
> am 100&37; willing to sue for the highest form of damages if
> possible. I feel that two to three weeks in this room is
> extremely hazardous to my health. It will be my first time
> pursuing litigation, but with a little help from a Business
> Law course I took last year, feel very capable to succeed
> and perhaps turn this issue around for more tenants then
> just myself.
>
> This location needs somebody to step up to the plate.
> Please inform me of how to maximize my scenario. I wish to
> pursue as many punitive damages as possible. My thinking is
> to address both acts of negligence on behalf of the
> independently contracted plumbers who failed to turn the
> water off at 211 before turning on the water, and/or gross
> negligence on behalf of the landlord, who was fully aware
> of the potential hazards which could have occurred at any
> given time, knowing that this building has been in need of
> a new plumbing system for ages; Not scheduled maintenance.
> Please inform me as to the maximum amount of damages I can
> pursue. I am furious on the inside and am very ready to
> pursue litigation at any given moment (especially in
> relation to the asbestos/mold situation which obviously
> proves hazardous to mine any my wife's health). I also have
> before/after pictures. Please inform me as to how I can
> maximize my scenario to the fullest extent.
>
> Thank you so much for taking the time to help me out,
>
> ~Nick