Little Dilla and Bad Well Water - Landlord Rant

[Michele 1]

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If they didn't get it in writing that the water was safe, they will probably lose a court case.

That depends on how the lease contract was written. If the contract does not specifically state that there is an issue with the well, and there is language present which states "with the exception of the following {{XXX}}, the home is fine", that covers Michael in legal terms.

What you are saying is that only if there is an affirmative statement (clear, unambiguous statement that the water is good) will he have standing in a court room. However, because he would have no prior knowledge of any issues, in real estate the owner must state that something is broken/damaged/unusable; which means that if the landlord knew but didn't say anything, there's a big bit of liability the landlord carries. If the landlord didn't know, but also didn't state there was a potential issue, then the liability is less, but still there. After all, he's the one saying it's fine (by not saying it's a problem), and that is something Michael reasonably relied upon to make the decision to rent that particular home v. another home.

At least, that's how it works in California, a state with some serious renter's protection laws/standards. It could be different in Illinois, so that's why I think he needs to see an attorney about all this; and I think the monetary damages would exceed the small claims court aspect almost immediately when counting up just the financial burden this places on Michael and his family.

Ciels-
Michele

~Do Angels keep the dreams we seek
While our hearts lie bleeding?~

[dgskydive 0]

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LOL Now THAT made me laugh out loud Dom. I'm just guessing you live in the city? I grew up with a 200' well, the best water ever. Steady 42 degress all year around (burrr)!

I have only had experience with 2 wells. My aunt had one and the water stunk so bad you didn't even want to shower in it.

The other belongs to a very special person I know and it leaves rust around everything it touches.

Yes.... I am a city boy!

Dom

[airtwardo 7]

It could be different in Illinois, so that's why I think he needs to see an attorney about all this; and I think the monetary damages would exceed the small claims court aspect almost immediately when counting up just the financial burden this places on Michael and his family.

***

Unless things have changed there, it's no different.

My dad had lots of rental properties in Illinois.

Unless stated in the contract that something that 'should be' working and usable is NOT.

Then the liability rests with the landlord for damages incurred.

I know this from prior experience, dad had a house in which the fireplace was 'blocked' and not to be used.

The tenant removed the block and burned the house down.
Fortunately the contract said the fireplace was not to be used.
...as doing so would burn the house down!

There was a lot of going back & fourth about 'attractive nuisance' and implied consent with using the thing....

If dad had 'told' them not to use it we'd have been screwed...since it was in the contract it was the tenants fault.

One example our lawyer gave WAS using a contaminated well...even if the landlord didn't know...he's still partially liable for not having it tested...or telling micro TO have it tested / treated.

A court would have to decide the 'extent' of his liability....which I'm sure the landlord knows, and is why he's more than happy to let him out of the lease and down the road.

~ If you choke a Smurf, what color does it turn? ~

[Guest 1010]

Micro,

you should find the previous tenants of the residence, several if possible. It is possible they left with illnesses as well. Maybe they got the well tested too, with similar results. Might be a seasonal thing with the well (who was there at this time last year?). (There are address-based search services.)

In my state one of the largest civil awards ever made was to the family of an e-coli victim, young girl, $15M for a lifetime of dialysis and convascelent care (brain damaged). I'd get bottled water or move out, don't fu*k around with it.

pissed off .02

'twardo is correct -
> and is why he's more than happy to let him out of the lease and down the road.

You can have it good, fast, or cheap: pick two.

[mnealtx 0]

*humor break*

E. coli..... isn't that present in.... feces?

Micro...you haven't had Walt up there visiting, have you??

*/humor break*

With that out of the way, I'm glad that the landlord is letting you out of your lease...and very sorry that you had to find out about it the way you did!!

Mike
I love you, Shannon and Jim.
POPS 9708 , SCR 14706

[micro 0]

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*humor break*

E. coli..... isn't that present in.... feces?

Micro...you haven't had Walt up there visiting, have you??

*/humor break*

With that out of the way, I'm glad that the landlord is letting you out of your lease...and very sorry that you had to find out about it the way you did!!

Well, if Walt had been here, my daughter would have died!

Seriously, Dilla continues to be very well, thanks be to God. As for the asshole, I mean landlord, thanks to you all for the advice about legal action and whatnot. I will be speaking with an attorney on Monday, after we sign mortgage papers at the bank.

So, wife let me jump today (4 good ones, I might add!
On another note, adding to the weird-fucked-upness of this house, I came home from the dz today to find a fucking MUSHROOM growing behind the TOILET in the BATHROOM!!!! WTFUCK???????? I tell ya man, when we move out of this place, I'm blowing it to smitherines. Crimeny!

I miss Lee.
And JP.
And Chris. And...

[Michele 1]

Michael, I know you have a digital camera. Start taking photos of stuff like that, your attorney will appreciate it. Make sure the date/time stamp is correct, and fire it on up!

Good to hear you're signing papers on Monday...it will be good to get the heck outta that joint...but don't burn it...you'll need it for evidence.

And best to hear, you had some good (safe) jumps today.

Ciels-
Michele

~Do Angels keep the dreams we seek
While our hearts lie bleeding?~

[tigra 0]

Mushrooms growing in the bathroom? Add mold (potentially toxic) to your list of things to worry about and get your family OUT of that house as soon as you possibly can. You would be no worse off living out of your van at this point- at least you can feel pretty comfortable that there isn't anything toxic there, right?

Here's a thought- drive your family to the landlord's and tell him you're there to take showers, maybe spend the night.

[micro 0]

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Michael, I know you have a digital camera. Start taking photos of stuff like that, your attorney will appreciate it. Make sure the date/time stamp is correct, and fire it on up!

Good to hear you're signing papers on Monday...it will be good to get the heck outta that joint...but don't burn it...you'll need it for evidence.

And best to hear, you had some good (safe) jumps today.

Ciels-
Michele

Thx Michele! You know which camera I'm using too, dontcha!

I miss Lee.
And JP.
And Chris. And...

[micro 0]

Quote

Mushrooms growing in the bathroom? Add mold (potentially toxic) to your list of things to worry about and get your family OUT of that house as soon as you possibly can. You would be no worse off living out of your van at this point- at least you can feel pretty comfortable that there isn't anything toxic there, right?

Here's a thought- drive your family to the landlord's and tell him you're there to take showers, maybe spend the night.

Actually, the landlord DID offer for us to shower at his house... but I don't want him to have any "favors" to have to hold over us. That's how he is. We're going ove to my mother-in-laws to stay until we close on the house.

Fucking mushroom in the BATHROOM!

I miss Lee.
And JP.
And Chris. And...

[freefallfreak 0]

I have a 260 foot drilled well that produces some of the coldest, sweetest water I''ve ever tasted. I had the well tested before I bought this place and it tested clean with a trace amounts of iron. The University of Alabama did the testing and if their report is correct, I'm happy as Clay in a sheep pen, lol.

TripleF

"Upon seeing the shadow of a pigeon, one must resist the urge to look up."

[slug 1]

Hi Micro

glad to hear your little one is doing well.
Ecoli I'm wondering where the septic tank os located with relation to the well, and if the well was put in correctly back in the day and is the septic system is still working properly. Your lawyer can find all this out if he doesn't get another lawyer

If you got neighbor's tell them what happened ask them if they've had their water tested, sickness etc.
Your being a good neighbor in case the water problem isn't restricted to the landlords property you were renting.

If you go the lawyer route the process will take years to work it's way thru the court sytem. Document document document.

good new your little one is doing well

R.I.P.


Might a

[micro 0]

Quote

Hi Micro

glad to hear your little one is doing well.
Ecoli I'm wondering where the septic tank os located with relation to the well, and if the well was put in correctly back in the day and is the septic system is still working properly. Your lawyer can find all this out if he doesn't get another lawyer

If you got neighbor's tell them what happened ask them if they've had their water tested, sickness etc.
Your being a good neighbor in case the water problem isn't restricted to the landlords property you were renting.

If you go the lawyer route the process will take years to work it's way thru the court sytem. Document document document.

good new your little one is doing well

R.I.P.


Might a

VERY good point, one that I hadn't even considered!!! Will do some research about the septic system...

I miss Lee.
And JP.
And Chris. And...