Read the Fine Print

I have had water on my living room floor for the last 2 weeks. It all started on July 1 when I came home to a very wet rug that was underneath my dining room table. Initially I thought that water had come in through the windows as the exterior windows were professionally washed that day. However, upon closer inspection it appeared that the water had actually seeped up through cracks in the concrete floor.

LeakyFloorCracks

I am renting a first floor condo and while there is a basement in the building, part of this unit is on the ground level. I reported the issue to both the property management company that maintains the building and to the property management company that leased me the unit. Thus far, there has been no recourse for this first issue. A few people have oohed and aahed over the cracks but no one is committing to get anything done about it. Those cracks have mostly stopped leaking, I think, as a new more urgent issue has appeared.

Saturday morning, I woke up to this.

water leak

I immediately called the representative at the property management company which leased me the unit on July 13. I’ve sent emails with photos. Many more here. I’ve left voicemail. And she has replied to NOTHING. So, I forwarded the emails to the unit owner, who stopped by to see the leaks in person yesterday. Yesterday water was leaking at a rate of about 2.5 gallons every 4 hours (i.e. how long it takes my bucket to overflow). She promised that a plumber would come today at 10 a.m. Nope. Today the water is leaking at about 2.5 gallons every 2 hours.

Per my lease, which thankfully rolls to a month-to-month agreement on July 31, 2013, I need to give 30 days notice starting on the first of the month (so no getting out mid-month). The soonest I can exit is August 31. But here is the fine print of the standard “Colorado Apartment Association” lease which I hopefully will NEVER need to sign again.

Section 21 – Requests, Repairs, and Malfunctions. All notices and requests for repairs must be in writing to the Landlord’s designated representative (except in emergencies involving immediate danger to person or property such as fir, gas, smoke, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). Landlord’s complying with or responding to any oral request does not waive the strict requirement for written notices under this Lease Contract. Resident shall promptly notify Landlord in writing of: water leaks; electrical problems; broken or missing locks or latches; and other conditions that post a hazard to property, health or safety. …large snip... Landlord shall act with customary diligence to make repairs and reconnections, taking into consideration when casualty insurance proceeds are received. Rent will not abate. …more snipped…

Section 26 – Warranty of Habitability. Landlord has no knowledge of a condition in the Apartment that is materially dangerous or hazardous to the Resident’s life, health, or safety. If Landlord receives written notice from Resident of a condition that is materially dangerous or hazardous to the Resident’s life, health, or safety and if the Landlord is required to cure the condition by Colorado statute, Landlord shall make reasonable repair and shall have a reasonable time to repair, considering the nature of the problem and the reasonable available of materials, labor and utilities. In no event is Resident allowed to off-set or withhold rent. Landlord may temporarily or permanently alter, change or remove any common area or amenity during the term of this Lease Agreement. 

So basically I agreed that I’d pay no matter whether the unit is habitable or not. And of course the Landlord can decide that I really don’t need a living room apparently. Who needs that amenity in an 800 square foot unit?

Anyone have a recommendation for a great place to live in Denver with a responsive landlord/property manager?

Does most everyone in Colorado use the “Colorado Apartment Association” standard Apartment Lease Contract?

I’m currently in Cherry Creek and like the central location – plus my favorite yoga studio, iLiv Yoga, is at 6th & Detroit, but am willing to consider other locations (+/- 15 miles). I need (1) a covered garage spot, and (2) generally safe/walkable. Thank you.

Here’s a song that fits my current mood.

Walk,1992, Pantera, from the album Vulgar Display Of Power. And, yes, I have seen this song live. Enjoy.

LYRICS (copyright PANTERA):
Walk

Can’t you see I’m easily bothered by persistence
One step from lashing out at you…
You want in to get under my skin
And call yourself a friend
I’ve got more friends like you
What do I do?

Is there no standard anymore?
What it takes, who I am, where I’ve been
Belong
You can’t be something you’re not
Be yourself, by yourself
Stay away from me
A lesson learned in life
Known from the dawn of time

Re-spect, Walk, what did you say?
Re-spect, Walk, are you talking to me?
Are you talking to me??

Run your mouth when I’m not around
It’s easy to achieve
You cry to weak friends that sympathize

Can you hear the violins playing your song?
Those same friends tell me your every word

Is there no standard anymore?
What it takes, who I am, where I’ve been
Belong
You can’t be something you’re not
Be yourself, by yourself
Stay away from me
A lesson learned in life
Known from the dawn of time

Re-spect, Walk, what did you say?
Re-spect, Walk, are you talking to me?

Are you talking to me?
No way punk
(Solo)
Are you talking to me?
Walk on home boy

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