Is this something I should report to code compliance?
Posted by unfamiliarllama@reddit | Dallas | View on Reddit | 39 comments
2 weeks ago on a Monday I emailed my new property management to let them know sewage was bubbling up from my bathtub drain (yes, fecal matter and toilet paper) anytime I washed dishes, used the toilet or bathroom sink. They said the plumber would be there on Thursday. Never saw him.
I emailed again days later after no change and they said they were replacing the plumbing in the entire building. I was never notified of this and asked when I could expect them to be done because I wanted to make arrangements to stay elsewhere. They told me 1-2 days.
Four days later, I emailed again. I let them know I have been defecating in plastic bags, not able to use the sinks or shower for nearly 2 weeks now. No response. I called the emergency line again and no one answered. I received a text asking me what the problem was and responded that I needed to know a timeline, but have yet to hear back.
What are my options here? This is disgusting and unlivable but I think as long as they’re “making a reasonable effort” to address it, I have no choice but to wait it out. But is that true?
ArchaeoLoligy@reddit
I had this happen a few years ago at an apartment complex - a little different, but the gist was that flooding had caused all the sewage lines to get backed up and sewage came flooding out of every sink, toilet, and tub. They threw sewage soaked items on my bed, and only aired out the apartment (they did not replace the bed, any other items, or offer a hotel in my case) after a mild cleaning. Shortly after, I noticed there was still liquid underneath the linoleum that was bubbling up, as well as damage to the walls/mold. I called a renters rights attorney for advice, and they recommended sending the certified letters WITH TIMELINES as often as you can afford. After every communication, send another one, regardless of what they say about timeline. Certified letters that they sign for are the easiest way to prove that they are aware of the situation in a court of law - and they know this and don't want to be sued. Don't wait until Monday - send it anyways! They have 14 days as a "reasonable timeline" AFTER THE FIRST CERTIFIED LETTER. This will likely be written in your lease agreement - remember, landlords and investment firms don't expect you to read all those details in your lease, and that's how they get away with stuff.
Anyways, after they still neglected to fix the issue while getting certified mail every other day, they insisted that they would replace the floors, sanitize under them, and properly take care of the growing mold (mind you, the apartment still smelled strongly of sewage). Well, that date came and went and I received an email that the floors were replaced. When I got home, the letter i left with problem areas for the contractors had not been touched, and there was still a white paint droplet on the floor outside of the bathroom that we'd taken photos of upon moving in. I emailed back "praising" the team that did the work for their attention to detail in dropping paint on the exact same spot, and promptly called the city's health and safety department, who confirmed no work had been done in a safe manner.
I ended up breaking my lease with another certified letter explaining the reasons I would not be held liable for breaking it as they had exceeded the 14 day timeline, and they still tried to get me to pay for my remaining 4 months on the lease. My response was basically "great, I am looking forward to seeing you in court!" and they backed down and actually reimbursed ME my last month that I had paid.
Important notes: - I am not an attorney and this was late 2020. There are many renters rights hotlines in DFW that will give you sounds legal advice. I highly recommend calling them RIGHT AWAY. - As nice in theory as it is to not pay rent, keep paying the rent for now. Not paying will only hurt you if it does go to court, as that gives them a leg to stand on. - Sending them your sewage bags is a funny thought, and I love petty comebacks, but this is a legal matter. Please no one ever do this. 😂 - I cannot stress enough the importance of CERTIFIED LETTERS RIGHT AWAY. Make sure to sign them and date them. - Read your lease with a fine tooth comb. Almost all Texas leases, to my understanding, will say they have 14 days from that first CERTIFIED LETTER (again, not phone call, text, small, or even regular letter). This isn't a big deal of you get another lease that says this in the future - it's very common - but KNOWING that is what will protect you. - Even if it does not escalate to a full inspection, the city health and safety department should be made aware. Make a report on Monday. They may not come out - it took me ages to get an inspector out for my case with a lot of pestering - but that report will be on hand.
Sorry for the excessively long comment, I just understand what you are going through. I'm rooting for you! Don't settle, this is absolutely abhorrent.
unfamiliarllama@reddit (OP)
You are GOAT. Thank you for this.
This property was privately (and poorly) managed by a family who lived in the neighborhood. I got an email stating the property had sold, with all their contact information.
I emailed asking if the address I had was the correct address for certified mail and no one has replied. When I Google the property management name, a bunch of weird ones in other states that don’t seem related pop up. As far as I can tell, they have a local office but I haven’t been able to go there. Google maps says the address is for a taco place…
The info you shared is super helpful. I’ll make this a top priority.
ArchaeoLoligy@reddit
Just wanted to follow up - did you have any luck with resolution?
unfamiliarllama@reddit (OP)
They gave me $250 for a hotel and fixed it on Monday. But then all the pipes froze so I literally have not been able to use my shower in like 3 weeks lmao
PassengerOk7529@reddit
Code luck with code enforcement.
Fit-Inflation-8189@reddit
The multi tenant side is super fast. Called for no hot water on Thursday they were out Friday morning
Fit-Inflation-8189@reddit
Is it owner occupied or are you a tenant?
unfamiliarllama@reddit (OP)
I am a tenant. The house was just sold to this property management company by a private owner, my previous landlord.
xxxams@reddit
Or or call a plumber your pay the bill. Deduction will be from your rent with copies of all communicationthat has
Snobolski@reddit
Don’t do this unless your lease says you can.
Read your lease, people. Do what it says.
xxxams@reddit
Yes read your lease 100% agree. No one should pay good money and live with shit coming up from the floor. Its uninhabitable living conditions at this point. I would not be shitting in plastic bags. Now, maybe you will not take action, i for one would and have in the past.
Littlecat10@reddit
This is generally bad advice. There are specific steps in a renter has to follow before he/she can pay-and-deduct. If you (or anybody reading this) is going to try it, be sure to read the statute very, very closely! Here is more detail: self-help packet
Fit-Inflation-8189@reddit
Yes. We will come out and inspect. Call 311 and say raw sewage for multi family and someone should be out in 24 hours
Rev_Turd_Ferguson@reddit
Absolutely
onlinealias350@reddit
Code enforcement’s website is very confusing to navigate. Just go here and pick what ever seems closest to your issue. It will get to the right person. . https://dallascrm.my.site.com/public/s/
onlinealias350@reddit
Yes. File a complaint with code enforcement. You can do it online. They are super responsive and will probably be out the day you make the report.
xxxams@reddit
The current living conditions are deemed unacceptable and pose a health risk, hep C springs into mind. This tenant has given two-week to address said problem, as reported in the Post. It has to be frustrating to learn that a plumber is supposedly on their way to address the plumbing issues, 2 weeks with no resolution. In your comments, you mention that there are specific steps we should follow. However, at what point do we draw the line and declare that we cannot continue to live in disarray? This situation is neither ideal nor tolerable. I can only presume that you either work for a law firm or are a lawyer yourself, yet the document you shared for our review explicitly states that it does not constitute legal advice. Additionally, it pertains to Austin, which may have different city ordinances that, while generally similar, can vary significantly. Although I am not an attorney, I have encountered similar issues previously, particularly with a cockroach infestation in a rental property. Legally, you can withhold up to one month's rent if you have documented a proper notice and given repeated notifications in a timely manner regarding unresolved issues. Action can be taken on both fronts, contingent upon the tenant maintaining adequate documentation.
Express_Tourist_4887@reddit
That sounds totally insane to me. Two weeks with no resolution?? Report it. A landlord who cares about their property would be on that in a second.
IFeelEmptyInsideMe@reddit
Where do you report stuff like this though?
Express_Tourist_4887@reddit
I’d start with the resources others have commented here. Also seconding the 311. Even if they’re not the exact place to talk to they can steer pointing you in the right direction.
CanOfWheat@reddit
Building inspections and code enforcement
patowan@reddit
I'd probably start with 311.
kittenclowder@reddit
Name drop the complex please, I want to avoid any future shitty situations…..sorry I had to
unfamiliarllama@reddit (OP)
Not a complex, it’s a private property management group. This was a house my landlord just sold to them.
kittenclowder@reddit
Good to know, sorry about your situation
cherubk@reddit
First. You’re waiting too long for a reply when this is a serious matter. You need to be on their ass about this.
Message their higher ups. That’s what I had to do when I had issues. You should be able to see what company manages the apartment on their website.
And if you have to go to the local news station. That’s what people at my apartment did and it finally got them doing something regarding accommodations.
HornFanBBB@reddit
Bring them the bags of sewage every day. Right to the management office.
Good_Wealth_3105@reddit
Do you live in an apartment or a house? If its a house, i would rent an auger and clear the clean out myself just so i could have working plumbing. Cheaper than a plumber and pretty easy to do. You shouldnt have to find a solution yourself, but seems like thats your fastest option.
Striking-Sky-5133@reddit
Definitely report it
Careless-Ad-6328@reddit
I would go down to the office to get someone face-to-face. If they can not provide a reasonable guarantee of immediate resolution, let them know you'll be withholding rent until this is fixed as the apartment is currently unlivable. And you won't pay the back rent after it's fixed.
TexasBaconMan@reddit
I would go to the office and sit there all day, every time someone walks in the door shout "There has been shit backing up into my show for 2 weeks, when will it be fixed".
unfamiliarllama@reddit (OP)
I don’t think you can withhold rent in the state of Texas…
KitchenPalentologist@reddit
You can, but there are specific requirements and hurdles to do so. See the third link in my longer post.
JDM_TX@reddit
Yep. I'd call code compliance. Wouldn't hurt to call one of the local news stations either.
coffeeberry20@reddit
Agreed. Also, look into a certified letter starting what's wrong and they have a seven day (I think) deadline to meet it or you can get out of your lease free and clear.
glitt3r_brain@reddit
sorry you’re going through this - the best way to get this fixed is to identify the owner, and any other lender/ owner/ shareholder involved, (you can find this online or in your leasing contract,) and send them a direct letter with pictures of EVERYTHING and copies of all your attempts thus far with their failure to resolve.
send the letter certified mail - so you have proof of communication - and make sure you let them know that if it’s not fixed by x date that you are reporting their violations to the city. regardless, i’d notify the code enforcement office TODAY!!!!! call them until you get a human on the line and tell them it’s an emergency situation. NO ONE should be shitting in baggies!!!!
I’d also post on google, nextdoor, etc. so others know not to move there. this type of situation could be affecting other tenants AND seems like it’s a much larger problem which the complex is actively ignoring, and needs to be blasted to the city until THEY start doing something about it. sadly, until the property knows the city is going to hold them accountable, fine them, etc., they likely have no desire to properly address the issue.
also look into tenant rights and check if there’s legal counsel available for a free consultation. i’m willing to bet a lawyer that hears you’re using poop baggies will be happy to have a convo with you about how to legally proceed.
KitchenPalentologist@reddit
Some decent info here: https://dallascityhall.com/departments/codecompliance/Pages/multitenant_rights-archive.aspx
And page 14 here: https://dallascityhall.com/departments/codecompliance/DCH%20documents/docs/Chapter%2027%20Reference%20Manual%20(2)%20(003).pdf
Your unit is not "safe, sanitary, and fit for human use and habitation.", and since the issue is prolonged, and you can probably hold your lessor accountable for rental accommodations (hotel) until it's rectified.
Read this, too: https://www.sixfifty.com/pro-bono/blog/renters-rights-in-dallas-texas/
You probably need to notify your lessor in writing, and keep a log of all communications (screenshots, etc).
Spirited-Joke-8159@reddit
report and drop off the two weeks of fecal to the front office
badlyagingmillenial@reddit
Yes, you should report this.
You should also walk to the office and not leave until the situation is resolved, stop bothering with phone calls that they can easily ignore.