Posted by Nicholas on 6/17/10

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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% 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

Re: Massive 2nd Floor Leak Damage; CA; Asbestos; Please Help, 10/04/14, by Lydia.

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