Quote:
Originally Posted by spazzyfry123
The way I am approaching (e) is that technically the garage is intended for my car. Because of the issues, my car has had to reside outside due to its condition inhabitable by my car.
And you are correct on the time stamps. The time stamps within the online portal's log have been marked as "complete" generally within a day, possibly two, of the request first being opened. Their indication of "complete" is in actuality the time of their response. The first time the ceiling collapsed back in May, it took them over two weeks to complete the repair. Yet, the documentation within their log states they performed it in a day despite the reasoning for it to take them that long is to "wait for it to dry" even though they were able to perform the most recent repairs within two days. 
The one that I keep focusing on is (d). The repair has not been made. There have been multiple attempts within plenty of time to fix the situation. They have all been band-aid repairs with verbal notice from the technician stating that it "cannot be fixed" and that these same perpetual repairs are consistent throughout the community. Here we are with the third leak since May, and I am fully expecting to see the ceiling on my garage floor with how badly it was separating this morning. |
(d) if repair hasn't been made within 7 days, you may terminate your
tenancy and exercise other statutory remedies. Security deposits and
prorated rent will be refunded as required by law;
(e) you may terminate your tenancy under this provision only if
the repair or condition is so material and substantial as to render the
apartment unfit for habitation; and
So E doesnot help you as mentioned before. as much as we love our cars here, your car is not a person. The clause is for living space, and your garage is not living space.
I had a similar issue in my townhouse. The air handler is in the second story of my townhouse, the evap/condenser line goes down a level thru the garage roof and exits outside the garage. when the line gets clogged, the water from the air handler cannot exit and is supposed to back up to a shut off switch and turn the AC off. Mine never hit that switch, therefore the water dripped down the line and leaked and ripped thru my garage roof, about 5ft x 5ft patch. i had to have the angle of the line changes so that it would hit the shutoff switch, i had the line wrapped so condensation wouldnt form and the garage roof repaired.
is there accessibility from the garage directly into your unit? you can tell the owners that you think that because of the water seepage to the garage roof, you are worried about the air quality and
BLACK MOLD thats probably in the air since they arent taking care of the problem at hand and there is water dripping in to a confined space. It truly could be a problem. When they have these issues they must have a specialist measure the air quality and if they have mold in the air they must treat it. IIRC if they go to sell the property in the future they have to disclose that the property has black mold.
tell them that recently you go in the garage you start sneezing.
This will get their shit in order to either fix it or to let you out of your lease w/o penalty. Keep hammering at this point because this is your uninhabitable clause.
i'll take my payment in gas card form
