Steven L. wrote:
On 2/6/2013 4:19 PM, TomR wrote:
Tegger wrote:
"Steven L." wrote in
m:

It sounds like it's actually better to let the water drip out,
rather than try to seal it up in the ceiling!


Yes, it is better to let it drip. But don't go making any holes in
the ceiling! This is your landlord's problem, not yours. If he sees
that you've poked a hole in the ceiling and the ceiling later falls
in, he may accuse you of having precipitated the collapse through
your action. The accusation may be groundless, but it may lead to
hard feelings, or worse. . . .

I guess that's possible, but if all you do is make a small hole --
maybe 1/4 inch or less -- I don't see you having any problem. If
you have a digital camera, take a few pictures now, and again after
you put the small hole in. Or, you could wait until it rains again and
starts dripping and call
them again. If you can get them to come out then, ask them to put a
small hole there so the water will drip out into a bucket rather
than building up in the ceiling and/or wall. And, of course, keep
notes or records of any contacts you made with the landlord and/or
maintenance company and when they came out etc.

The maintenance guy promised me he'll try once again to fix it
tomorrow. That's the third try.

We're about to get a big Nor'easter storm on Friday.

If my ceiling collapses--after *three* attempts by the maintenance
people to fix this--do I have any legal recourse?

I mean it's not just the physical damage that a collapsed ceiling will
do. It's also that there's probably a ton of mold/mildew already up
there from the moisture, and with the ceiling gone, now I'm going to
be breathing in all that crap as well. I have sinus and bronchitis
problems already, and I don't need to be breathing in what is likely
to be found up there!

I think that part of the answer will depend on where you live -- meaning
what state and what town or area.

I am in New Jersey (South Jersey) and I have a pretty good idea of how the
law works in New Jersey regarding residential rental property etc. (but I am
not an attorney).

If you have concerns about mold and mildew, and especially with your
newly-developed or existing sinus and bronchitis problems, there are some
fairly simple things that you and the landlord can do.

I think the easiest thing to do for now would be to let your landlord know
about your sinus and bronchitis problems and your concerns about potential
mold and mildew, and ask that the maintenance people open up the ceiling now
so it can dry out. That should be an easy no-brainer for them, especially
since the ceiling already has water damage. And, by opening the ceiling
they may even be able to better see where the water leak is coming from.
But, regardless, the correct remedy for this type of damage (water in the
ceiling) is to first open up the area and dry it out completely. That will
help prevent mold and mildew growth, and it will enable the landlord to
determine the extent of the water damage. They will have to fix the ceiling
anyway, and the only correct way to fix it at this point is to open it up
first and dry it out.

Since the big Nor'easter is coming tomorrow and tomorrow night, the time to
open up the ceiling is today, or tomorrow AM at the latest. And, assuming
you are in the predicted snow area, you can expect some serious water
problems from the snow melting on the deck or whatever above.

And, of course, move all of your stuff out of the way so they can throw down
some tarps and get to the area easily and open the ceiling without making
too much of a mess. If there is insulation up in the ceiling, they will
need to remove that to in order to prevent mold and mildew growth and to see
the area better.

As far as automatically being able to break your lease and move out, in New
Jersey it's not quite that simple. You would have to demonstrate that the
proper was not habitable in its present condition and that your landlord has
been unwilling to correct the problem within a reasonable time frame. So
far, your landlord has been responding but just has not yet been able to
come up with a quick fix. The fix is probably going to take some time, but
if they open the ceiling up to dry it out and protect it from mold and
mildew growth, they will have already done a lot toward temporarily
resolving the problem until a permanent solution can be achieved.

Good luck. Let us know how it works out.