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We live in Indiana. We signed a contract with option to buy.

We live in Indiana. We signed a contract for rent with option to buy. The contract said that the renter/buyer was responsible for repairs/upgrades/remodeling. The contract also said the landlord was to remediate the mold that was in the garage within 30 days of us moving in. He just replaces plywood. Later, the ceiling first floor master bathroom toilet leaked into the bathroom in the basement. We found that the MB toilet had been improperly installed and had been dripping for some time causing mold to form in the ceiling and walls of the bathroom downstairs. We let the landlord know who told us he wasn't responsible and that we would have to fix it but offered to go in on the cost of some materials. Later on, the main drain in the basement backed up flooding the basement. The septic was emptied and that was paid for by us. The septic backed up again a few months later. The guy that drained the septic said that the leach field was probably out because there was no way the septic filled up that fast. We all had allergies while living there and my husband got really sick. Lethargy, stomach issues, unable to focus, headaches, bone/ joint aches....We figured it was the house and opted to not purchase it and moved out. And now we are all getting much better. Fast forward, the landlord is trying to get our renter's insurance to pay for all water damage stating it was our fault and that toilets backed up....not the case. We do have multiple witnesses to the mold including a licensed insurance adjuster, a licensed water damager remediation guy and a carpenter. Can he do this?

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KimberlyLaw

Principal Attorney

Master's Degree

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I own a majority share (70%) of a home in New York with my

I own a majority share (70%) of a home in New York with my father's sister and brother (each owning 15%) as tenants in common. There is no mortgage on the property but my aunt does not in any way contribute to the financial liabilities to keep the property (taxes, maintenance, etc.). My aunt moved into the home and refuses to leave preventing my uncle and I from renting it. Unfortunately my aunt has literally become a "crazy cat lady" and a hoarder making it unlivable for a reasonable person. She has also become hostile and verbally abusive to me and my uncle. If I file for a partition can I retain the right of first refusal in a partition action auction? Is there any other outside the box approaches, restraining order, harassment, etc.?

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KimberlyLaw

Principal Attorney

Master's Degree

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I own my condominium in Santa Ana, CA in Village Walk

Good morning, my name is ***** ***** and I own my condominium in Santa Ana, CA in Village Walk Townhomes. Our townhomes are attached so I have common walls on both sides. I am currently in the process of updating windows and the window company was performing a final measuring for three windows that are located twelve feet high. The gentleman climbed the ladder where the three windows are going to be replaced, and when he came down from the ladder measuring advised that there were termite feces on the window ledge. I immediately have notified my HOA management company regarding termites as our HOA has taken care of termites in the past. I am assuming with termite droppings on the window sill, this leads me to believe that there are termites in the structure. I emailed the request to the management company (Action Property Management) requesting an inspector to come out to inspect and spray and see what other damage could be caused. The response I received citied the CC&Rs and that they will only cover common areas. In the past I have been board meetings where the board of directors has approved to fix termite damage and have the termite inspection company come out. The board of directors has not tented our buildings in over 10 years, they are deferring maintenance on the outside of our properties, which I feel is causing this. I have seen no wood repair completed for over 3 years other than upstairs decking on any unit and for some of us it has been longer than 5 to 6 years since they have worked on our properties. I pay $368.40 each month for my HOAs, I am current and want to know what, if anything I can do. I don't feel I should have to pay for an inspector to come out and spray for termites. If I owned a normal home without attached walls then I can understand me spraying and ensuring I am maintaining for termites. How can I maintain my unit for termites when I have 6 other units attached and they are a pest and would just go to the other units? Again if I was in a normal single family dwelling, I would have an extra $368.40 to put away each month for these types of emergencies or items and feel like I have no other recourse. I am not made of money and on a limited income and feel my HOA is trying whatever they can do to get out of maintaining our properties. You can see the type of units we have on www.villagewalk.org or through Google Earth which provides a nice picture of the community. I really appreciate your guidance.

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Barrister

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Doctoral Degree

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I'm currently living in a house I plan to rent out (when I

I'm currently living in a house I plan to rent out (when I move out in the very near future). Are any improvements and/or renovations I do while I'm still living here eligible to be claimed or depreciated? Or do i have to move out and then start making changes? I'm in Maryland if that matters. Thanks!

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legalgems

Juris Doctorate

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I just bought a house from an owner/RE Agent. I did not opt

I just bought a house from an owner/RE Agent. I did not opt to hire a home inspector but did the inspection because the home had a new roof, HVAC, all new flooring, inside paint, all new appliances, hot water heater (everything), new bath fixtures and ceiling fans. It was flawless inside and out. I received a Georgia :Seller's Property Disclosure Statement completed and signed by the owner agent. The property is a rental and my new tenant's family of four moved in the day of closing. Four days after closing, my tenant called and said the washer draining is backing up to the clothes washer. The property has a septic system for all water related appliances except the washer. It has its own drain system, probably some sort of drain field. I called my Septic/drain expert who says the drain is not adequate and deeps a properly sized drain system. I am contracting him to install the $ 1,500 125 Gallon drain and filter system. He has a solid reputation and came recommended by my Realtor. Here is the problem: The seller noted on the Disclosure under the question "Are there any leaks, backups, or other similar problems with any portion of the plumbing, water or sewage systems?" His answer was no. I believe he is liable for some part or all of the $ 1500 fix. What is your legal opinion of my best approach or rights in this situation? If he had answered "I don't know", I would have made a different decision about that part of an inspection. As a Colorado RE Broker myself for many years and a commercial RE bank senior executive, I believe the owner agent should have known the consequences of his answer(s) on the disclosure. I think the Georgia Real Estate licensing authority would see it my way as well if I ask for an investigation on the transaction. Your opinion please. Thanks

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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My landlord attached $95 to my rent altercation he claims

My landlord attached $95 to my rent for plumbing altercation he claims was my fault.I was able to get paperwork from plumber(which wasnt licensed)for bill of $400.I decided just to go along with it so as not to cause any problems but 2 1/2 yrs later Im still paying it and landlord refuses to respond and give me permission to deduct that amount from my rent now.I have notice from him for proof that that was what the rent increase was for.What should I do?And how do I get all my money back that he is stealing from me?Believe me this is only one thing that he has done to me.Theres been harrassment and discrimination and plain mental abuse and stress.Supposedly he sold the property about 8 months ago and a Realty Company the new owner assigned has been dealing with all of us which just gave all of us tenants a 60 day notice 40 days ago claiming they are going to renovate the place but I pinned them down last month and they admitted the original owner. still owns it.Most of us are low income and havent been able to get another place since theyre making us pay rent to them still and come up with funds for a new place from whereever we can and thats been from nowhere so I guess well be out on the street soon.Is. this legal? Ive been here 4 years and my rent has never been late once.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,462 satisfied customers
I just bought a house from an owner/RE Agent. I did not opt

I just bought a house from an owner/RE Agent. I did not opt to hire a home inspector but did the inspection because the home had a new roof, HVAC, all new flooring, inside paint, all new appliances, hot water heater (everything), new bath fixtures and ceiling fans. It was flawless inside and out. I received a Georgia :Seller's Property Disclosure Statement completed and signed by the owner agent. The property is a rental and my new tenant's family of four moved in the day of closing. Four days after closing, my tenant called and said the washer draining is backing up to the washer. The property has a septic system for all water related appliances except the washer. It has its own drain system, probably some sort of drain field. I called my Septic/drain expert who says the drain is not adequate and deeps a properly sized drain system. I am contracting him to install the $ 1,500 125 Gallon drain and filter system. He has a solid reputation and came recommended by my Realtor. Here is the problem: The seller noted on the Disclosure under the question "Are there any leaks, backups, or other similar problems with any portion of the plumbing, water or sewage systems?" His answer was no. I believe he is liable for some part or all of the $ 1500 fix. What is your legal opinion of my best approach or rights in this situation?

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RealEstateAnswer

Juris Doctor

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My water line from my house to the meter in the street runs

My water line from my house to the meter in the street runs through my neighbors property. He found a leak and not knowing or investigating who's line it was, he capped the line shutting off my water. Once he discovered it was my line he reconnected it and now it is leaking again. He didn't notify me of the leak until after he had repaired it the second time and now wants me to pay for the previous repairs and for the 3rd repair to again fix the leak. Is he responsible for all since he capped my line without ever giving me the opportunity to fix it? I'm not even sure the original leak was not caused by him.

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legalgems

Juris Doctorate

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12,812 satisfied customers
In september of last year our plaza had a new landlord take

In september of last year our plaza had a new landlord take over. The landlords name and address was never given to any tenant even if they asked, everything had to go through our property manager. Our lease ended January 1st and at that time we asked for a new lease. About a few months ago they brought plumbers by to check the plumbing of each unit and they found that we needed a new water heater. We paid them the amount the plumber quoted them and they cashed our check and never replaced the water heater. We then asked for the money back saying that we would just fix it ourselves. The property manager said he would ask the landlord and we never heard any straight forward answer back. On the 18th of June they asked us to vacate our space by the end of the month. I asked for the money for the water heater again and they only want to give us half of it back. I want all the money back and I thnk ethically they were in the wrong because I believe that they knew they wanted us to leave and didn't want us to sign a new lease for 6 months now and they didn't tell me so I could be ready to leave when they asked. I also believe they should give me all of the money for the water heater back since they never fixed it and now they want me out. Am I in the right or wrong about this and is there anything I can do to get my money back.

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AttyHeather

Attorney

Juris Doctorate

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592 satisfied customers
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