A tenant’s ceiling has collapsed, despite claiming they asked for 10 years for their landlord to fix it who proceeded to “laugh” and refuse to do anything.
A Chicago renter has been left livid after an issue they flagged when they first moved into their rental, 10 years ago, has now made their property unliveable.
The tenant, who took to social media for advice on how they can rectify the problem, has now been told to move out after the ceiling became so damaged it caved in, despite warning the landlord of issues well before the incident.
“When I moved in the ceiling would leak when it rained. Notified landlord and have a 10 yr history of photos/videos/text [sic].
“Each rent increase I was told it would be fixed, it wasn’t,” they said on social media platform Reddit.
Many Australians are hanging on to any rental property as the housing crisis places greater pressure on securing a home.
The leak got so bad that tenant was constantly cleaning and mopping up, until eventually the ceiling fully collapsed in.
“I said to the landlord, you said this would be fixed with the last rent increase. He replied that he never signed the lease he sent me, that I signed, and any promises made were invalid. Yet, apparently the rent increase wasn’t invalid.”
The tenant also tested for mould, which came back positive.
The tenant’s ceiling completely caved in. Photo: Reddit.
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They went onto say that the landlord was now forcing them to move out, before they would fix the issue.
“I don’t want to move, besides (a) few other issues I love the apartment,” they said.
“He could have fixed this 9 yrs[sic] ago, not my fault the ceiling is collapsing. I’ve lost time and money cleaning after every rain, have a potential health issue due to mould and undue stress.
“Recently the unit below me became available during the ceiling collapse, he could have offered that to me if he didn’t want me in the unit when the ceiling was being fixed.”
Many flooded to the comments in support of the tenant.
One commenter said” This is a sh*t show. Consult with your lawyer, they will be best equipped to deal with this.”
Others suggested ways they could protect themselves including making a claim to the landlords tenant court and keeping track of any expenses the issue has caused.
Tenant laws in Australia
In Australia, there are varying rental laws across each state, but each has their own tenant union, as well as tribunal that will deal with landlord / tenant disputes.
The Tenants Union of NSW notes that taking photos and documenting any disrepair can protect the tenant if things are to escalate.
“The landlord is responsible for ensuring that the property is structurally sound – floors, ceilings, walls and supporting structures should not be subject to significant dampness; and the roof, ceilings and windows should be properly sealed so water cannot get inside,” according to The Tenants Union of NSW.
These responsibilities also include providing “reasonable state of repair.”
In NSW, this ceiling issue would be considered a “serious roof leak,” which would mean the landlord should attend to urgent repairs as soon as possible.
“If the landlord/agent cannot be contacted or is unwilling to do the urgent repairs, you can arrange for them to be done.
Tenants can look to their union for protection if their landlords aren’t keeping their property up to scratch. Picture: NCA NewsWire / Nikki Short
“You must give the landlord/agent written notice about the repairs, costs and copies of receipts. They must pay you for any reasonable costs up to $1,000 within 14 days of your notice,” according to the Tenants Union of NSW.
Before the issue becomes “urgent” the tenant can apply to the NSW Civil and Adminstrative Tribunal (NCAT) to order the landlord to do the repairs specified if they are not co-operating with repair requests.
“You must be able to show that the premises were not in reasonable repair, you told the landlord/agent about the need for the repairs (e.g. you wrote to them) or they should have reasonably known about it (e.g. they inspected the premises).”
If the landlord or agent did not make a reasonable effort to have the repairs done, this means they “failed to act with reasonable diligence”.
“You must apply (to NCAT) within three months of the landlord failing to meet your deadline for repairs.”
If there was a structural issue causing mould, this is the landlords responsibility, according to The Tenants Union of NSW.
You can also negotiate a rent reduction if you are moving out while repairs are done.
“Make a clear agreement in writing,” the Tenants Union advises.
However, the landlord does have the right to terminate your lease if part of the premises is “destroyed or are wholly or partly uninhabitable.”
“They may give you a termination notice for immediate possession of the premises.
However a termination notice does not itself end your tenancy. If you do not leave according to the notice, the landlord/agent can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order to terminate your agreement.
“The Tribunal will have to decide whether the premises being uninhabitable and other circumstances justify termination of the agreement. You cannot be evicted without a termination order by the Tribunal.
“If it is safe and you are not prevented by council orders or emergency services, it is your home and your tenancy has not legally ended, so you can return home after a disaster.”
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