Repost from the Home board: I NEED HELP!!

(Sorry, not getting too many responses on the other board).

I live in an upstairs apt. In my contract it says the the downstairs tenant is responsible for outside maintenance. our landlord now lives on the 1st floor.

everytime it rains the front walkway gets flooded. like about 4 inches of rain accumulates and of course i end up ruining whatever shoes i have on. the landlord uses the backyard entrance into his apt. so he never uses the front walkway.

i am so tired of getting my feet wet and my pants wet!!!! we have complained and complained and even sent the guy pictures but he has done nothing to fix it. i am afraid that in the dark i am going to slip and break my neck when the rain water turns to ice. to make it worse, the front lite is very dim, so it is very difficult to see.

what rights do i have as a tenant? who can i contact to report this if my landlord does not fix it? and g-d forbid something does happen, can i sue him for negligence? we have been living in the apt for 2 yrs and nothing has been fixed!

any help is appreciated.

I think that JannShari has something to do with tenant law. FM her.

Well, I'm pretty sure that if something does happen to you (I sincerely hope nothing does) you can sue for negligence. But you shouldn't let it get to that. Unfortuantely, I don't know of anything you CAN do to MAKE him fix it before something does happen. But I'm no landlord/tenant law expert.

Honestly, what I would do in your situation, is find a way to fix it myself. I mean, that sounds like it involves some serious work, like breaking concrete and installing a drain. But who knows, I'm just guessing. If he sees that you are about to do this on his property, he'll probably step in. Another option is to do the legwork on what the work entails and how much it costs, tell him you are going to do it yourself and send him the bill. He probably won't like that and maybe that'll light a fire under his ass to get it done. If it's a house and he's the owner, he'll probably care what you intend to do to his property.

Good luck!!

I know you don't want to hear this...but I think the only option (other than staying and living with this) is that he has not fulfilled his part of the lease and it can be considered broken...


so document everytime something is not the way it should and write up a formal complaint to LL (sent certified mail) and tell him that if it is not fixed, you will consider your lease void and be leaving



and if anything did happen...he would be responsible...if a burglerer can sue for slipping on the homeowners step he just broke into ...then I think you would be covered too.



FYI: I am not a lawyer...these are just my thoughts...so maybe just check with other people as well

Stacey's right...I do tenant-side Landlord/Tenant law (thanks for the props ). First of all, what county do you live in?

Secondly, you have a lease. Your landlord presumably drafted the lease (or at least went and got the form from a store or library), and as such, the lease must be construed against the drafter. The landlord, therefore, has the obligation to maintain the grounds. What constitutes 'maintaining' the grounds is subject to interpretation.

I assume that you have not put your complaints in writing. You should immediately do so, and send it by certified mail, return receipt requested, as Erica suggested. You should also immediately contact your Town Building Department. I am also assuming that this is a legal apartment that you are living in and won't wind up getting yourself in trouble with the Bldg. Dept. by reporting him (you should still do this anyway).

However, I have to strongly disagree with Erica in the fact that the landlord's breach of the lease by not maintaining the grounds, if this does indeed fall under that provision (and again, this may be subject to interpretation), does NOT render the lease null and void. I successfully had a case dismissed because the landlord claimed that he didn't have to follow the terms of the lease in terminating the tenancy because the tenants had breached the lease, and therefore, the lease provisions no longer applied. Simply because one party breaches the lease does not make the whole lease null and void. So before you simply tell the landlord that if he doesn't fix it, you will be leaving, I would suggest telling him that he is creating a dangerous condition and that, if it is not repaired, you will withhold a portion or your rent until such repair is made. Put it in writing and put the money in a SEPARATE account. DO NOT SPEND IT!!!

As anyone who has FMed me with a legal question knows, I have to say this - I am NOT your attorney, any information I have given you is not to be construed as legal counsel and there is obviously no privilege to this information. I would strongly suggest you consult an attorney in your area for more specific legal advice and representation, if you need it (depending on where you live, I can refer you to some very good L/T attorneys that I know).

Edited for spelling.