Legal Question in Real Estate Law in Idaho

Plumbing backup of entire apartment complex

In November of 2001 the plumbing at my apartment complex backed up flooding my home and a few other units on the bottom level due to tree roots. The landlord said it was fixed but I was still responsible to clean up our home while pregnant and with 2 small children in my home. The plumbing did the exact same thing January 31st 2002 and we were unable to reach landlord. (she doesn't have an emergency number we can reach on weekends or evenings.) After three hours of trying to reach her my husband went ahead and had a disaster cleanup clean our house to remove all the raw sewage and sanitize the bathroom and carpetsin the hall and my childrens bedroom. Will she be required to pay the bill considering it is extremely hazardous to my childrens health to leave something like that sit?


Asked on 2/01/02, 12:59 am

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: Plumbing backup of entire apartment complex

The landlord probably won't have to do so since you failed to file a notice under Idaho Code section 6-320 which requires you to file a 3 day notice upon her and she has 3 days within which to fix the problem. If she doesn't fix the problem within the 3 day time period, she is liable for 3 times the amount of your damages. Since you didn't file the appropriate notice the landlord may be able to escape liability. I would still sue her in small claims court for the costs of the damages and would immediately file the notice under section 320 to make her fix the problems and secure your remedy against her. My teleph Numb is 208-345-3817/

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Answered on 2/07/02, 5:50 pm


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