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

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I am very sad to see this has happened to someone else in LA
other than myself....and even more sad to see that NO ONE
has offered you a response.

I have endured a very similar situation, except my room was
affecting my breathing so badly and smelled so moldy, I
couldn't even sleep in it for 4 months...

but despite that, and despite Civil Code 19.42-19.50, every
month, I met up with the landlord personally to pay 2/3 of
the rent (I had 2 roommates, but only 1 other than myself
was on the lease, so I suppose I should have only paid him
1/2) for those 3-4 months, after having a coversation that i
thought CLEARLY showed that the landlord agreed not to
charge me my portion of the rent since my room wasn't
habitable...and that was confirmed month after month, when
the landlord kindly accepted the rent in lesser amounts than
the usual full monthly rent.
if we didn't have an agreement, then by not paying my rent
in full, he would have attempted to evict me. yet he did
not. in fact he was extremely kind to me....never asked for
the unpaid portions of the rent.

and NEVER repaird the decaying hole in my ceiling that even
the MOLD SPECIALISTS I had come out refused to continuing
inspecting, as after probing the area, felt the presence of
asbestos was most likely.

then suddenly, 5 months after the SECOND incident of the
flooding of my room occurred (showing a long line of
incidents and the landlords negligence thereof), I get a 3
day notice with an UNBELIEVABLE and ridiculous amount of
owed monies for unpaid rent....

I decide since I still cant even sleep in my own room to
move out within the 3 days.

The landlord calls me the next week and tells me the apt was
fine so no repairs "other than the bedroom" will need to be
made so he wont be collecting those fees. then he says he
doesnt want to have to damage my roommates excellent credit
so he wants to work out a "deal" for me to pay him back my
portion of the rent i didnt pay for the months i couldnt
even sleep in my gross and asthma-inducing room.

i am shocked. i begin to receive passive agressive, and then
agressive emails from an employee of his that is
now "handling" this issue for him. despite the fact that he
and i had always communicated with one another, and i very
good terms, via email and my monthly deliveries of the rent
to his office.

long story short: he sues me in small claims and because of
the judges refusal to review my BINDER full of categorized
and tabbed/labeled copies of evidence, photos, and very long
list of emails showing my repeated attempts to plead with
the landlord to fix my ceiling & walls.

he awards the landlord a random amount of about half of what
the shady landlord was seeking...

now i'm about to file an appeal...by tomorrow.
and i thought i'd find some advice to at least educated me
further or provide an example of a possible outcome from a
similar case...

and yet, i find that your VERY VALID post has not received
even one response.

and that is just frustrating...

may I ask what the outcome of your hellish situation was?
----------
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