Derby Run Apartments...might be bad

I have had a couple neighbors say they didn't like the apartments we live in, or the rules, maintainence, etc.  I might have run into a substantial issue with the management. It is true that they were supposed to fix the floor that has been rotten for a long time. I finally sent them an email stating that wetness still comes out from the cracks in the tile and it needs to be fixed because I feel it is a health hazard and a danger due to mold, structural and electrical issues (the fellow downstairs says he gets water dripping through his kitchen light!!!). This has been going on a while now. There has been damage from the sink drain, dishwasher, tub, etc. all of which have leaked at some point. Maintainence has been here in this building multiple times since about April.  

 

They have "fixed":

• a leak in the elbow joint under my kitchen sink
• a leak back inside the wall between my kitchen and bathroom
• a leak in my bathroom
• a leak in my half-bath
• a leak the only happenend when I used the dishwasher
• a severe clog that made gunk upchuck into my tub that they assured me was not sewage but smelled bad
• a leak that happened when you used the shower

Finally after stating it pretty emphatically it needed fixed (I had been patient), they came back and said this:

 

"It has come to our attention in the office that the softness in the floor of your kitchen and also the water damage to the apartment below yours has been a result of a portable washer that you are keeping in your kitchen.  We have been made aware that this washer continues to overflow causing water damage and we want to make YOU aware that any damages that have occurred or do occur due to this washer will be charged directly back to you.  In your lease it states in paragraph 19...
 
"Resident shall not make any repairs or alterations, including the addition of storm doors, awnings, paint, wallpaper, mirror tiles, adhesive fasteners, etc., without the prior written consent of Lessor.  Washers and dryers are prohibited unless standard washer and dryer hookups are provided in the apartment."
 
As it states in the lease this washer is strictly prohibited in our complex and must be removed immediately before any more damage occurs.  We would like to extend to you the next 14-days to find your washer a new home, however if we receive another complaint within that period, or if the washer is still there when we do our inspections, we will be asking you to find a new place to live.  Thank you for your attention to this notice and we hope this will resolve the problem.  If you have any questions, feel free to contact us at (502) 968-0101.
 
Sincerely,
 
Derby Run Management.
 
Handrwitten:  * Kelly- you cannot use the portable washer anymore!  It is causing numerous problems!"

 

Well, this had me pretty taken aback.  They had been in numerous times to fix yet another leak and never said anything about the little portable clothes washer.  I was P-O'd to say the least.  Using that little washer has saved me mucho dollars over the last year!

 

I replied:

 

"Yesterday evening I received a letter on my door that states "It has come to our attention in the office that the softness in the floor of your kitchen and also the water damage to the apartment below yours has been a result of a portable washer that you are keeping in your kitchen."

 

I have had several maintenance men in my apartment on various days and times for many different plumbing issues, over the 16 months I have lived in this apartment. Many times the maintenance people, and on one occasion you yourself have been in my kitchen and have seen the washer.  It is my  understanding that each and every month, someone enters each apartment to check for any issues, possible violations and general concerns.  At no time have I ever been advised that these portable units are not allowed in our complex, and never gave it a second thought as several of my neighbors also have mentioned using these units.  Upon my lease renewal in July I only received a copy of the front page with the new rent amount, and was not advised of any violations.

 

Since you have brought it to my attention that the washer is prohibited according to the lease, I have discontinued use of the unit as of 9/22/09, and I will be removing it within the next 14-days. Operation of this washer has never been left unattended and definitely does not "continue to overflow" as you state in your letter.  On the couple occasions that any water splashed from the washer, it has immediately been cleaned up, and not allowed to soak into the tile. None of your service persons have ever mentioned the washing machine as a possible cause of the water damage issues.

 

On several occasions, I have been told the "plumbing leak" has been found and repaired, so I can be held responsible for the resulting floor damage.  These leaks and the damage caused by it has been a long-term constant issue that you have assured me, on several occasions, would be repaired, once the wood under the tile was completely dried out.

 

I am correcting the violation issue listed in the letter of 9/23/09, and will continue to abide by my lease until it's completion.  To ensure no future issues, please provide a copy of the full lease agreement, with all regulations, by the 30th of September.  I do not believe I am responsible for the costs of repair to the floor from prior plumbing leaks and will expect that this repair will be completed by the 30th of October.  This repair has been discussed on many occasions and has been allowed to go on for many months.  I can not be held liable for any plumbing leaks that may occur in my unit, when I continue to make you aware of these issues and your maintenance personnel assures me it is repaired.  At this point I continue to have liquid seeping up from under the tiles and still do not believe the source of water has been repaired.

 

Thank you for your assistance, and please let me know if you have any questions."

 

I also need to point out that during the entire summer, I kept asking when the pool would be repaired and ready for use.  The manager kept telling me about how it was supposed to be done already and blaming it on the contractors and also telling me how it would be kept open later in the year...basically putting me off.

 

It was not until AFTER I signed the lease for another 12 months that they told me it wouldn't be fixed this year, and then also blamed the floor on my washer instead of all their plumbing problems.

 

They STILL have not been in to the apartment or contacted me to arrange fixing of the floor.

 

Anybody need an apartment-sized Haier washer?  It works well if you don't overload it!