Legal Question in Real Estate Law in Pennsylvania
Negligence and Verbal Agreement
The sewer line in the building clogged causing sewage to overflow the toilet,tub,and kitchen sink in my apartment.The clog was freed and damage minimal,so I cleaned it up.The next day the same problem occured so I contacted the landlord again advising of the situation.After multple calls(all of which verbal contact was made)someone showed up 24 hours later.During that time whenever anyone in the building ran water or flushed a toilet,it overflowed into my apartment which the landlord was aware of.Needless to say anything that was on the floor or came in contact with the sewage was ruined.The Building Manager told me to submit a list of lost items and expenses incurred and I would be either reimbursed through their insurance company or the amount would be deducted from the rent.The total amount of losses and expenses came to $3200.00,which the insurance refused to cover.I deducted the amount from my rent,which equalled five month's payments.I am now being threatened with eviction for lack of payment.Since this(sewage) has been a recurring problem(I checked with multiple past tenants)and the slow response knowing the severity of the situation,is the landlord negligent and should the verbal agreement be honored?
2 Answers from Attorneys
Re: Negligence and Verbal Agreement
Though it sounds like the landlord may have been less than diligent, and possibly negligent. The loss you experienced should be covered by his insurance (assuming he is insured). BUT... you have a duty to mitigate damages here. You knew there was a problem, so HOW could you have expreiended a $3,200 loss? I suspect the landlord thinks you are trying to fleece him. What could you have NOT been able to move out of the way of the known danger of the overflowing water??? If you could move it, you had a duty to do so. You could also have called a plumber and had him bill the landlord or deduct the cost from your rent.
After considering these comments, follow Mr. Hershenson's advice and send a letter first class & return reciept, explaining the circumstances, detailing your damages and requiring a response by a certain date within 2-3 weeks after reciept. If this doesn't lead to a resolution, you'll need to file suit. Small claims in PA goes up to $8,000.
Good luck.
Kevin J. Begley,Esq.
Re: Negligence and Verbal Agreement
You are in a very vunerable position by not having the agreement in writing. However, I suggest you write a letter setting forth your understanding of the agreement and copies of all your bills. Send it certified mail. You have a legitimate defense for a counterclaim. Suggest you obtain the services of an attorney to protect your interests.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
