From: visconti@cis.ohio-state.edu (Mark Visconti)
Newsgroups: misc.legal
Subject: Question concerning rental agreement
Date: 21 Jan 1993 23:50:21 -0500
Organization: The Ohio State University Dept. of Computer and Info. Science
Distribution: usa
NNTP-Posting-Host: gecko.cis.ohio-state.edu


   I broke a piece of pipe leading from the wall to the latrine.  I did not 
find the main water valve for my apartment for approximately 20 minutes and
was unable to stem the flow.  The water partially covered both bedrooms of 
our two bedroom apartment and flooded both bathrooms.  After I had found 
the valve, I had a friend rent a steam cleaner for me and started extracting
water from the carpets and bathroom. I called "24 hour maintenance" and left
a message for them to call me.  I continued extracting water and received a
call from 24 hour maintenance informing me they would come by the following
morning.  I continued extracting water for several more hours.
   The next morning, the maintenance person arrived and repaired the pipe.
He spent approximately 30 minutes fixing the pipe and three hours talking 
my and a friend's leg off.  He called management who then called a carpet 
cleaning service.  The carpet cleaner arrived and attempted to extract more
water from the carpet unsuccessfully.  He decided that it was necessary to 
pull back the carpet and use three fans to dry the carpet and foam 
underneath the carpet.  While the fans were being placed, one of the managers
stopped by the apartment and apologized for the inconvenience.

   Three days later I noticed that the board covering the hot water heater
had been removed.  On the same day, much to my surprise, I received a set
of three bills from management (Xerox copies of the bills sent to them) 
and a letter informing that another bill for the board in front of the 
heater would be forthcoming.  I was surprised as neither the plumber, the
carpet cleaner, nor the manager had mentioned that I would be billed nor
any price/cost for the work.  Of course, I had stupidly neglected to ASK.
The letter also refered me to Article 21 of the lease which follows-

Repairs.  Management will make necessary repairs to the Apartment with
reasonable promptness after receipt of written notice from Resident, 
provided however, that Resident shall be responsible to make any repairs
necessitated or caused by the act or neglect of Resident, Resident's
spouse, a member of Resident's family, guests, invitees, or licensee of 
Resident, or any person in the employ or under control of Resident.  
Resident shall make such repairs as promptly as conditions require in 
case of an emergency or within fourteen(14) days after written notice 
by Management specifying the damage and requesting that Resident remedy
it by repair, replacement of a damaged item, cleaning or otherwise, within
that period of time.  If Resident fails to comply as promptly as conditions
require in case of emergency or within said fourteen(14) day period, 
Management may enter the Apartment and cause the work to be done in a 
workmanlike manner and submit to Resident an itemized bull for the acutal
and reasonable costs or the fair and reasonable value thereof, which sum
Resident shall pay in addition to rent on the next date when periodic 
rent is due, or immediately if this Agreement has been terminated.

   Am I required to pay for the services that management had performed ?
I had not contacted the carpet cleaner nor the person who replaced the 
board.  Is 12 hours plus, considered an "emergency" ?  I would think that
an emergency suggests an immediate attempt to rectify the problem.  I did
not give any written notice to management requesting that a carpet cleaner
be called.  If I had known that I was going to be billed by their carpet
cleaner (They service most/all of the apartments in the complex).  I 
would have looked around for a less expensive service (he billed $80 for
spraying a chemical and water extraction (what little he did) and another
$105 for equipment rental). I felt his service was not really required 
since most of the water had been extracted the evening before.

   Please pardon the length of this article, I felt a complete description
of the matter and the clause regarding repairs would generate a more
informed view of the situation.  If it makes a difference, the apartment
is in Alabama.

Thank you,
Mark Visconti
-------------------------------------
visconti@cis.ohio-state.edu