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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 37971
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I've had an open hole to my septic tank which has been leaking

Customer Question

I've had an open hole to my septic tank which has been leaking out into my yard for 3 years. my rent goes up every yearbut they have not fix the problem.I have a2 year old and 5 year old Which cannot go into the backyard because of the hole and sewage. please advise
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello, Call the county public health department. If the inspector finds that the leak is a public danger, then the landlord will be cited and ordered to fix the problem immediately. Otherwise, the entire property may be condemned forfeited to the county. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!
Customer: replied 1 year ago.
is it possible to recover any money for not being able to use my backyard for 3 years?
Expert:  socrateaser replied 1 year ago.
There is a legal theory called, "diminished value," on which a landlord can be held liable for the difference in rental value of what you have paid, and the value of the property without a usable yard. You could sue for that, and probably recover something for each month of your rental. But, you will need a real estate broker to testify to the difference in value (i.e., "expert witness"). I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!

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