Renter in house with burst pipe/ flooding

[Anonymous]

Anonymous wrote:About a month ago a pipe burst in a wall while we were at work and flooded our entire basement. Our house has a walkout basement that contains 3 of the four bedrooms in the house. The top floor is just the primary bedroom/bath, kitchen, living/den and small dining room. The basement is not livable as there are about a dozen fans still running. Work is expected to begin soon.

Here’s the issue: we rent the house and our 3 children have been displaced from their room. The landlord has said the house meets the definition of livable and the three kids can sleep upstairs while repairs (which could take months) take place. Kids are ages 7-12.

We have rented this house for 4 years and have 9 months more on our current lease.

I’m at a loss of what to do. I don’t want to break the lease and move/ most likely lose being in boundary for our current school, but having five people live in approximately 750 square feet with one bed/bath is getting unmanageable.

I assume we have no recourse here. Yes, we have renters insurance. The landlord is not very open on what their homeowners insurance covers (does it cover us at all?).

Any suggestions on making our current situation manageable or what we should be asking the landlord for?

I would call Loudon County’s overcrowding hotline. [phone].

Your landlord is clearly violating the Occupancy regulations and your home is not livable for five occupants.

https://www.loudoun.gov/1752/Residential-Occupancy-Regulations

[Anonymous]

From above. Your Landlord cannot say that your kids can sleep anywhere upstairs. That is actually criminal behavior.

Bedrooms
Must contain at least 70 square feet of floor area plus an additional 50 square feet per individual if occupied by more than one person

Must not be the only access to other bedrooms or habitable space and must not constitute the only exit from other habitable space

Every bedroom must have access to a bathroom without having to pass through another bedroom

Kitchens and other non-habitable space must not be used for sleeping purposes

Bedrooms must provide light, ventilation, room area, ceiling height and room width in conformity with the code, and must be in conformity with fire safety requirements

Fire Safety Requirements Applied to Bedrooms

Two means of exit must be available from a bedroom, with one being a door or window leading directly to the exterior

The window sill must be at a maximum height of 44 inches from the floor

An exit must not lead through another sleeping area or a bathroom

[Anonymous]

Your Landlord is a dumba$$

In Loudoun County, fines for overcrowding and housing code violations can range from **$100 to $2,500 per day** depending on the severity of the violation and the duration it continues without being addressed. The penalties can accumulate daily if the landlord fails to bring the property into compliance within a specified time after being notified of the violation.

Additionally, if the violation poses a significant health or safety hazard, the landlord may face further legal consequences, including potential civil lawsuits from tenants if living conditions cause harm or distress. This could increase the financial burden significantly for the landlord.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:About a month ago a pipe burst in a wall while we were at work and flooded our entire basement. Our house has a walkout basement that contains 3 of the four bedrooms in the house. The top floor is just the primary bedroom/bath, kitchen, living/den and small dining room. The basement is not livable as there are about a dozen fans still running. Work is expected to begin soon.

Here’s the issue: we rent the house and our 3 children have been displaced from their room. The landlord has said the house meets the definition of livable and the three kids can sleep upstairs while repairs (which could take months) take place. Kids are ages 7-12.

We have rented this house for 4 years and have 9 months more on our current lease.

I’m at a loss of what to do. I don’t want to break the lease and move/ most likely lose being in boundary for our current school, but having five people live in approximately 750 square feet with one bed/bath is getting unmanageable.

I assume we have no recourse here. Yes, we have renters insurance. The landlord is not very open on what their homeowners insurance covers (does it cover us at all?).

Any suggestions on making our current situation manageable or what we should be asking the landlord for?

If it is "livable" but as described I would just move. Id ask to break my lease.

If it is not livable ask to not pay rent so you can use that money to live elsewhere.

Is he right technically?

Yes, he’s technically correct as we have AC, a working kitchen, a bathroom, running water, etc. We are just cramped and will be for the foreseeable future. The other issue is he doesn’t come let the workers in, we have to do that. So I’m also running through PTO as I WOH. I’m just getting frustrated with the process.

They are running all over you.
You need to break the lease.
Your landlord is full of crap!

Also, the house won't be livable once the asbestos crew comes and starts ripping out sheetrock. They landlord is in denial about the extent of the problem. It's a good bet that it will not be suitable for living after the abatement. I had to hire a remodeling company to replace the drywall and floors after the abatement company tour up my place.

[Anonymous]

I was in a similar situation in the past (in DC). I called the tenant rights hotline. Basically, what you can do is:

1) get out of the lease, full stop. Contract is now void. Moving costs are on you, new housing is on you (renters insurance should cover it).
2) stay but request a rent reduction for the lost sq footage
3) move out temporarily but agree that you will not pay rent during the repair process OR the landlord puts you up in comparable accommodations.

I went with option 3. My landlord’s insurance did not cover my accommodations but my renters insurance did. Based on your description of the problem and how your landlord is acting, I would go with 1 or 3.

[Anonymous]

PP. you need to also document everything. If you don’t have your landlord’s prior comments in email, write a single history and have him confirm it is accurate. Document when you let workers in and how you were inconvenienced. To the extent you file something in small claims court, you will need all of it. And renters insurance will also need it.

[Anonymous]

If the landlord has taken steps to fix it, then you are at the mercy of the schedule of the contractor that will make the repairs. Landlords have to use licensed, bonded contractors. They are all slammed right now. You can always move when your lease is up, but make sure to move to an apartment building, not a rental home.

[Anonymous]

Anonymous wrote:Are you sure they have property insurance that allows rental? And their mortgage allows rental? They might be out of compliance with terms/exposed.

If they have insurance for lost rent, they may be covered if you don't pay them.

Landlords are required to have insurance that works in tandem with renters insurance. Both companies need to be contacted.

How long has it been since the pipe burst? Have the insurance adjusters come out yet?

[Anonymous]

Anonymous wrote:If the landlord has taken steps to fix it, then you are at the mercy of the schedule of the contractor that will make the repairs. Landlords have to use licensed, bonded contractors. They are all slammed right now. You can always move when your lease is up, but make sure to move to an apartment building, not a rental home.

You absolutely do not have to stay put until your lease is up. The landlord can't get the insurance adjusters to come out faster, nor can they get contractors to move faster, and no landlord is willing to pre-pay for repairs. Either tell your landlord you are breaking your lease and move on, or agree that you will find temporary housing until repairs are up (and while you are not inhabiting the residence, you will not be paying rent).

[Anonymous]

Anonymous wrote:From above. Your Landlord cannot say that your kids can sleep anywhere upstairs. That is actually criminal behavior.

Bedrooms
Must contain at least 70 square feet of floor area plus an additional 50 square feet per individual if occupied by more than one person

Must not be the only access to other bedrooms or habitable space and must not constitute the only exit from other habitable space

Every bedroom must have access to a bathroom without having to pass through another bedroom

Kitchens and other non-habitable space must not be used for sleeping purposes

Bedrooms must provide light, ventilation, room area, ceiling height and room width in conformity with the code, and must be in conformity with fire safety requirements

Fire Safety Requirements Applied to Bedrooms

Two means of exit must be available from a bedroom, with one being a door or window leading directly to the exterior

The window sill must be at a maximum height of 44 inches from the floor

An exit must not lead through another sleeping area or a bathroom

THAT!

[Anonymous]

Anonymous wrote:

Anonymous wrote:If the landlord has taken steps to fix it, then you are at the mercy of the schedule of the contractor that will make the repairs. Landlords have to use licensed, bonded contractors. They are all slammed right now. You can always move when your lease is up, but make sure to move to an apartment building, not a rental home.

You absolutely do not have to stay put until your lease is up. The landlord can't get the insurance adjusters to come out faster, nor can they get contractors to move faster, and no landlord is willing to pre-pay for repairs. Either tell your landlord you are breaking your lease and move on, or agree that you will find temporary housing until repairs are up (and while you are not inhabiting the residence, you will not be paying rent).

+1. It is a health hazard to breathe asbestos and mold. Mold in particular stinks and causea upper respiratory problems for many people. When this happened at my place, I could not spend more than 2 hours at a time in the home without getting a massive headache.

Has the landlord been there in person. It is easy to say it's not a big deal if you don't have to live in the environment.

[Anonymous]

Why is this even a debate? GET OUT
NOW
Thank your lucky stars you were just renting this hazard ☢️

[Anonymous]

Anonymous wrote:

Anonymous wrote:Are you sure they have property insurance that allows rental? And their mortgage allows rental? They might be out of compliance with terms/exposed.

If they have insurance for lost rent, they may be covered if you don't pay them.

Landlords are required to have insurance that works in tandem with renters insurance. Both companies need to be contacted.

How long has it been since the pipe burst? Have the insurance adjusters come out yet?

Landlords are not required to have insurance