Apartment Water Damage

trustdestruction

Well-Known Member
811
439
Tampa, FL
I am having a problem with a leaky apartment roof and slow response and would like some input.

Background:
I have lived in this apartment since May 29th 2012. It is a one bedroom apartment and costs around 900 a month for rent, so it's not like I live in the hood or something. A few months ago, I noticed an area of the living room ceiling that had some water damage. I could not visibly see any water but I notified management of the problem. They were okay about it and scheduled to have someone look at it. They came out and fixed my ceiling and supposedly the roof as well. A couple of weeks ago I noticed the damage had reappeared. I called and no one had been out to fix it. This leak still has not shown any visible dripping or anything so I am not too worried about it and have been patient. I'm have felt sure they will attempt to fix it eventually. Their slowness has not been a big deal until...

Current Problem:
Fast forward to Saturday 6/1, we had a torrential downpour while I installed my springs in the garage and afterwards I found a separate leak in my master bedroom closet, with water running from the spot where the ceiling and wall meet, and then running down the wall. It originally was running down the wall and soaking into a duffel bag, then dripping onto my girlfriend's clothes, which we discovered within the first 2-4 hours of the rainstorm. We have since washed the clothes and duffel bag and they appear to be okay. We removed all items within 2 feet of that wall the water was running down and I put a few old towels lengthwise along the baseboard to soak up the water. It's not as if it is raining in my apartment but it is definitely enough water to be a problem. It is evident by looking at the ceiling drywall and texture that the ceiling in this area has been repaired in the past prior to me moving in.

I took pictures immediately of the leak and took them to the leasing office on Sunday 6/2 afternoon. They asked that they be sent in an email for their own records and I did so at that moment. I have called back every day since, and visited the office Tuesday/yesterday to ask the status in person. Monday they said they called the contractor and he would be there Tuesday 6/4. On Tuesday I visited the office around 5:30 PM on my way home and they said the contractor was on site. They say today Wednesday 6/5 that they are not sure if he looked at my leak yet (there are other buildings with leaks getting looked at too), and that he cannot come back until tomorrow, Thursday 6/6. They said if it's not repaired before this week's huge storm hits tomorrow then I can call emergency maintenance if there is water leaking. I informed her "it WILL leak" if it rains and she just kind of repeated herself about calling emergency maintenance.

Tomorrow and Friday, Tampa, FL is supposed to get hit by a large storm that may turn into a tropical depression. It has been raining off and on since Saturday, with plenty of hours of no-rain in between showers (someone COULD HAVE DONE SOMETHING), and it leaks every time. I need the leak fixed or temp fixed now so that I don't have water entering my apartment. They have not even had someone go put up a tarp or something. It has been 72 hours since I reported the leak and gave them the pictures via email.

Until this point in time I have not really been angry with my apartment complex, and I don't have a desire to leave because aside from this I enjoy living here. I want the leak and damage fixed and to continue to live here until my lease expires May 29th 2014 (I just renewed before the leak, FAIL). I live on the 3rd floor, Movers are expensive, new leases are expensive (pet fees, admin fees, deposits), and I just don't have time or desire to set up all my stuff again in a new place right now.

They seem to care very little about my problem because of other leaks and they seem to have just accepted that the roof is in disrepair, although they have not been rude to me. I have heard before the leak that they have been trying to get the owner to re-roof the complex but need approval. The roof is a spanish tile roof that appears to be original (20-25 years old). I just purchased renter's insurance exactly one week before the leak happened, so that was lucky timing in case my property does get damaged.
 
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Have you ever had them try to fix/resolve other issues in the last year? Did they fix those things in a timely fashion? Working with contractors can be a mess in itself, so part of the issue can be just getting a person to look at the issue. I've had countless contractors flake on me, yet they assure you they'll be there at a set day/time. No call/no show. Anyway, that doesn't solve your leak. Your profile says you're in florida - florida state law:

THE LANDLORD'S RESPONSIBILITIES


* Florida Statutes, Section 83.51, require a landlord to comply with the local
Property Maintenance Code. This means:

1. The roof must not leak.
2. The walls must be weather-tight, and in good repair.
3. The stairs must be safe for normal use and maintained in good repair.
4. Windows and doors must be basically weather-tight, water-tight, rodent-proof,
and kept in sound working condition. Outside doors have to have proper
locks.
5. Window panes cannot have cracks and holes. Outside windows must have
screens.
6. Inside floors, walls, ceilings must be basically rodent-proof and kept in sound
condition and good repair, and should be safe.
7. The house or apartment must have hot water, which is connected to the
kitchen and bathroom sinks, tub or shower.
8. All houses or apartments must have a flush toilet in good working condition.
9. When cooking and heating equipment are provided by the landlord, they must
be safely installed and in good working order.
10. There must be adequate garbage disposal facilities or garbage storage
containers.
11. Every habitable room must have at least two separate floor or wall electric
outlets and, additionally, every kitchen, bedroom, bathroom and hallway
must have a ceiling or wall-type fixture, or an outlet controlled by a wall
switch near the entrance to the room.
12. All electrical systems must be in good repair and good working order.


IF THE LANDLORD DOES NOT COMPLY

* If your landlord has failed to comply with the previous listed code responsibilities,
and has ignored your request to undo their unlawful action, you can contact The
Code Enforcement Branch of city or county in which you reside and
request that they contact your landlord and explain that their action is illegal and
violates your local code.

* If your landlord fails to do what the law or lease requires, you may be able to
withhold the rent. You must give notice of your intention by certified mail at
least seven days before the rent is due to allow time for the landlord to remedy
the problem. If the problem is not corrected within seven days and you withhold
the rent the landlord may take you to court to collect it. You must them pay the
rent into the court registry pending the judges determination of the case.
 
Just be sure you have records of informing them of the leaks, or they'll blame you for letting it go so long.
 
That sucks man! Definitely email them everything so you have an electronic and verifiable paper trail. If you can take pics with the date and time on the camera that helps, also include those in the email so they can see that the time/date on the camera is consistent with the emails.
I've been through something similar...

Had the heat go out on me in Northern NY in the winter. I called code enforcement and the police. That got it fixed right away. Call the local town hall/gov't and ask for code enforcement. Complex management seem to respond to that sort thing quickly.
 
I went into the leasing office on the way home and the manager finally had facts for me instead of an "I don't know". She says the contractor will be here tomorrow to fix the problem and he identified the leak yesterday. However, we are just a few hours away from being hit by a now named tropical storm so my doubts are high. I am extremely disappointed and afraid for my property that today went by with nothing done to fix the problem, just because the contractor said he wouldn't be here today. They should have called a different contractor given that news. It really seems like they just did not try to get it done. When the guy called and said he couldn't come today, that should not have been the end of it.

The manager says if it leaks during the storm they'll send out emergency maintenance. In my head my reply is "so what is he gonna do, come over and stare at it with me?" She suggested a bucket, clearly not understanding the problem despite the pictures I sent. The water is not dripping it just runs down the wall.

I don't doubt that they will fix it. But if it's too late then it doesn't matter if they fix it eventually. It needs to be fixed now. I am afraid there is nothing I can do legally about them not getting it fixed by Thursday's storm even though they should have been striving to, because of the impending heavy rain and the complications and damage that will ensue.


I found that info webby but I don't think i'll get a chance to use it. I'll likely be screwed over due to the complex situation of a big storm making the fix needed sooner than legally required.

I kept a copy of the sent email, and I don't have datestamps on the photos but I do have the datestamp on the email and the datestamp in the image file properties of course.

If it isn't fixed by sunday though, 7 days, hell will be raised. I'm already going to be pissed if it's not fixed tomorrow. We'll see though, fingers crossed.
 
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The other thing is part of the FL law is that they have to be ignoring the problem for me to do something. What counts as ignoring the problem? They're not ignoring me but if they fail to fix it in time then they are ignoring the problem by considering it not a big enough deal to make something happen before the storm. But then the 7 days thing… they technically have until Sunday… long after the water will leak a ton during the storm.
 
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All you can do is get towels and buckets at this point. Even if you have an all out flood in your apt, there is nothing they can do during a storm to fix a roof. I'd move any valuables away from the area of concern, and prepare the best you can. If they don't repair it after things are dry....then you can take matters further. There needs to be proper conditions and ample time to do a roof anyway. So, depending on how major the repair is... .that may dictate when they can even start/stop the project.
 
They're only going to patch the spot of the leak. There have been spans of a few hours with no rain in the past 72 hours. It's been like 6-8 hours dry during day, 4 hours or less of rain, dry at night (obviously too late to work on it though) and so on. The conditions have been fine. Today would have been perfect (sort of) for the work if it weren't for this contractor blowing us off. It sprinkled this morning for like an hour then was pretty much dry all day (although it was gloomy). It was the only day we haven't had a rain shower since Sunday.
 
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I had that when I lived in upstate NY. The roof leaked and instead of fixing the roof, they painted over the top of the stain. Poorly. It only leaked when it rained hard. Well, next hard rain, the roof leaked and a new stain on top of the old one. Tell them again...no fixing it except paint. I complained relentlessly until I moved to Seattle and it was no longer my problem.
 
Reminds me of a story told to me as a child, about the wife that asked her husband to fix the hole in the roof, and he said, "It's no need to fix it now, it isn't raining".
I got the jest of the story and I wasn't 10 years old yet............. AND these ppl run a complex !
 
Is your unit owned by the "complex" or by an individual? If it is owned by an individual and your dealing with a management company then I would reach out to the owner and see can be done through him. It should be stated on your leasing agreement.

Read over your leasing agreement and see what the fine print is regarding repairs and whom is responsible when repairs are needed. I work for a leasing management company but in the accounting dept so not sure on all the details but we work with single fam homes and larger (500+unit bldgs also).
 
It's all owned by a single owner, no single unit ownership. Thanks, I'll check that out once I see what happens tomorrow. Hopefully he comes in the AM and gets it done
 
Well, still nothing. They brought an industrial fan today but that's it. They told me yesterday that the contractor would fix it today if it didn't rain, and would fix it Monday instead if it rained today. It didn't rain and it didn't get fixed, but the contractor did come to the complex but just to inspect the damage in 9 other apartments which they were supposed to do Tuesday when they looked at mine. I complained to the leasing agent (or whatever his job title is) that the manager told me it would be Friday if it didn't rain, and he called her and asked to which she claimed she only said it would get done Friday or Monday, failing to remember the part about the rain entirely.

As we all know… :useless:


SO without further ado...

Saturday's initial damage following downpour.

image.jpeg


Water damage after a few days of raining, much lighter rain than saturday

IMG_1689.jpg IMG_1695.jpg IMG_1697.jpg

Slight damage in bathroom shower, other side of left closet wall
IMG_1699.jpg

Slight preexisting but possibly related damage above closet door (the ceiling in the closer appears to have been shoddily repaired in the past, this is probably not the first time this leak has occurred.)
IMG_1703.jpg


My closet today:

IMG_1711.jpgIMG_1712.jpgIMG_1713.jpg



I have abandoned my closet and all of mine and my girlfriends clothes that go on hangers are in the laundry room on a shower curtain rod that i've been using to dry clothes on. I added reinforcements to keep it up with so much clothes weight on it. All of our shoes are in suitcases, except the ones we most frequently wear which are in my nightstand and another piece of furniture. Some of my girlfriend's clothes are being stored in the laundry room in IKEA bags (you know, those huge 59 cent blue nylon bags… great stuff). My folded clothes are and socks/underwear were never an issue and are in my monolithic dresser (which is full of both of our clothes).
 
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Definitely shows signs of previous repairs. Not trying to scare you, but you may have a mold problem on the back side of the drywall and 2x4's. If they purely repair the roof, you'll still have the growth in the wall. I'd make the calls to the code enforcement branch.
 
Fast forward to Saturday 6/1
You're officially a week in. I guess you can wait until Monday to see if they show up or not.
 
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