WWYD? NBR

mattandbekah

So...hi.  I havent posted a whole bunch lately, but I just was wondering if you ladies could give me your opinions on a house issue?

We moved in July - I hate it here, we are renting.  The lady we rent from is nice-ish(on the surface).  But she clearly doesnt really care about us living here.  About a month ago, we noticed that Jack's front teeth were looking darker than normal.  Needless to say, we kind of freaked out, and scheduled an appointment with the dentist.   He immediately told us that it his teeth are actually stained from the water(it is a well)! Now - we asked her straight out when we originally walked through the house if the water was okay, and she assured us that it was.  We were using a Brita filter anyway, and it still stained my sons teeth! (Luke is still mostly BF'd, and he only drinks milk from a cup, so his teeth were not affected)

 Needless to say we stopped using the water for anything like cooking, drinking, teeth brushing, etc., but I am kind of at a loss as to what to do?  

We tried to talk to her - she clearly does not believe us.  She finally agreed to have the water tested, but that is as far as she will go. I also heard her on the phone (still in our house) with her husband saying "these kids need to realize this is an old house".  I do understand that - but seriously?  The water is clearly not ok.  Also - dont call me a kid. 

 I dont even really know what I expect here, I am just SO angry.  Im more upset about his teeth, but we are also now spending about $60 extra a month on water.  Which she refuses to take into account. 

 *This was about a two weeks ago, and since we have stopped using any water we have noticed Jacks teeth lightening.  The dentist told us that he could probably polish off the stain - but Jack was so sad, and since it is just aesthetic at this point, I didnt want to traumatize him, you know?  

Anyway.  Thanks for letting me vent I guess.  Im just still really pissed off.  

anasazi17

We live in an ancient house with a well.  While our water is rusty, it isn't harmful to drink, bathe, etc.  Our Hospital does free water testing, maybe you should go have it tested yourself, for piece of mind and so you know exactly whats going on.  We have our water tested annually (mainly because I have a certified kitchen on property) but it is a good practice. 

I feel that if there is something harmful with your water, it is your landlords responsibility to correct the issue or reimburse for your water costs.

Also, all of DH's family grew up drinking well water (yuck!) and they all have fine teeth.  So her argument of "it's just an old house" isn't valid, there is something else wrong. 

Sammy-Mae

If I were you I would arrange for water testing myself.  If you are unhappy with the results let her know. If she is unwilling to do anything about it take it to the landlord tenant board. She has to fix something like that.

kagl08

Wow! Not cool! I'm so sorry, that would piss me off also. And houses can be old, but sounds like she needs to update the water filter/pump system. That's awful to just say its old. Plenty of people live in old houses and don't deal with this. 

Is moving an option? I'd probably look into that. Although, I know you have worked so hard on making that house a home. That's just so awful!  

ETA: I grew up with well water. My teeth NEVER turned dark. Wells are very common in PA, and this is definitely not a common thing for the water to change teeth colors.    

mattandbekah

kagl08:

Wow! Not cool! I'm so sorry, that would piss me off also. And houses can be old, but sounds like she needs to update the water filter/pump system. That's awful to just say its old. Plenty of people live in old houses and don't deal with this. 

Is moving an option? I'd probably look into that. Although, I know you have worked so hard on making that house a home. That's just so awful!  

ETA: I grew up with well water. My teeth NEVER turned dark. Wells are very common in PA, and this is definitely not a common thing for the water to change teeth colors.    

We are looking at a different house on Sunday.  It sucks to pay the $1800 that it will take to get out of here - but I will happily do it if that is what it takes.

 I grew up on well water too - in an ancient (but safe) farmhouse.  So yeah - it is really just her excuse to not do anything about it.  

Fianschneid

First of all, I would be furious about her calling me a "kid". You pay her rent every month and your age has nothing to do with your expectations in return.

Secondly, I would ask the dentist to put something in writing about Jack's teeth changing because of the water.

Finally, as PPs suggested, I would try to get the water tested myself.

kagl08

mattandbekah:

kagl08:

Wow! Not cool! I'm so sorry, that would piss me off also. And houses can be old, but sounds like she needs to update the water filter/pump system. That's awful to just say its old. Plenty of people live in old houses and don't deal with this. 

Is moving an option? I'd probably look into that. Although, I know you have worked so hard on making that house a home. That's just so awful!  

ETA: I grew up with well water. My teeth NEVER turned dark. Wells are very common in PA, and this is definitely not a common thing for the water to change teeth colors.    

We are looking at a different house on Sunday.  It sucks to pay the $1800 that it will take to get out of here - but I will happily do it if that is what it takes.

 I grew up on well water too - in an ancient (but safe) farmhouse.  So yeah - it is really just her excuse to not do anything about it.  

Honestly, I'd be moving too. I wouldn't be paying the $1,800 though (which I'm assuming was your security deposit?). I'd get the report from the dentist and give it to her, stating you are moving for x, y, z reasons. If she has a problem with it then see what happens. The reason you are moving is HER own fault!!

We are landlords to a house. We have had 2 tenants leave before hand for issues that weren't even us (job loss or sick DH). We returned their security deposit each time even though they signed a 1 yr lease and were leaving before that 1 yr was up.  

mars37810

kagl08:

mattandbekah:

kagl08:

Wow! Not cool! I'm so sorry, that would piss me off also. And houses can be old, but sounds like she needs to update the water filter/pump system. That's awful to just say its old. Plenty of people live in old houses and don't deal with this. 

Is moving an option? I'd probably look into that. Although, I know you have worked so hard on making that house a home. That's just so awful!  

ETA: I grew up with well water. My teeth NEVER turned dark. Wells are very common in PA, and this is definitely not a common thing for the water to change teeth colors.    

We are looking at a different house on Sunday.  It sucks to pay the $1800 that it will take to get out of here - but I will happily do it if that is what it takes.

 I grew up on well water too - in an ancient (but safe) farmhouse.  So yeah - it is really just her excuse to not do anything about it.  

Honestly, I'd be moving too. I wouldn't be paying the $1,800 though (which I'm assuming was your security deposit?). I'd get the report from the dentist and give it to her, stating you are moving for x, y, z reasons. If she has a problem with it then see what happens. The reason you are moving is HER own fault!!

We are landlords to a house. We have had 2 tenants leave before hand for issues that weren't even us (job loss or sick DH). We returned their security deposit each time even though they signed a 1 yr lease and were leaving before that 1 yr was up.  

I would look into getting the water tested and if there is an issue that she refuses to fix then you can use that as a reason to get out of your lease and probably not having to pay the $1,800.  We rented a townhouse once that turned out to have major mold issues that the landlord denied were there.  We told him that if he didn't let us out of our lease and give us our security deposit back, minus any money for costs of repairs if any, then we would be calling in a health inspector to verify that the house was safe to live in.  He quickly let us out of our lease without any issue because he didn't not want to deal with the health inspector. 

mattandbekah

The $1800 includes the deposit, and another penalty for leaving early. 

Thank you all for your advice - I will set up an independent water test.  

blu-eyedwife

AA0417:

I deal a lot with landlord-tenant issues, safety issues of structures, etc. so this is what I would recommend. First, get the water tested. There is a difference between unsafe and undesirable (just staining teeth may not be enough to get you out of your lease without penalty, but actually unsafe levels of a substance definitely can if she doesn't fix the issue in a timely manner - either way, I would want the issue fixed or I would want to move whether the test results were that the water were unsafe or just causing the undesirable effect of stained teeth). As you know, the fact that the house is old and has a well does not automatically mean that the water is okay as it is. If the findings deem that the water is indeed unsafe, you will need present her with the findings. Be sure to document when, how, what, etc. as you will need that information if you should have to go to court in order to get out without penalty (hopefully you wouldn't have to, but it sounds like you should be prepared for that with this lady). She will have to first be allowed a time period in which to correct the issue (it is based on the issue being corrected in a "timely manner" which will vary depending on the issue). If the issue is not corrected in a timely manner, then you would be able to break the lease without penalty. If you don't give her that time to correct the issue, she may be able to technically go after you for unpaid rent of every month of the rest of your lease, plus late fees and legal fees, if your lease is written as such. If after a reasonable time period, the issue is not resolved, or if you have documentation that demonstrates she has no intent to correct the issue, then she should allow you out of the lease without penalty. If she doesn't, you could then take her to court. I have never been a tenant, so I don't know the process of going to court or anything.

Also, in our state, there is a government agency that tenants can call for landlord-tenant disputes. The agency helps to try to get the issue resolved and advises the tenant of how to proceed, etc. (from my understanding; I just refer tenants with complaints to the hotline, so I've never personally dealt with the agency). Whenever I get a call from a tenant, that is always the first thing I tell them to do, so if your state has something like that, definitely call them first. The agency can bring in inspectors, testers, or whatever is needed for the situation.

If you need/want any further information or resources, let me know. GL!

Yay!  Now I don't have to give "this is not legal advice" legal advice!

I second everything AAO said.  I've been able to help clients in landlord/tenant situation either get their money back, break their lease, or currently I'm actually working on medical bills/property loss for a client.  

I know California actually has a landlord/tenant handbook which talks about our Warranty of Habitability - which would include water safety.  I would look and see if your state has one.  (In CA it's put out by the Department of Consumer Affairs, but in States like North Carolina the Department of Justice publishes it.)

In general, courts and laws are very tenant-friendly, both to support the public policy against slumlords, but also because there is often an inequal balance of power between landlord and tenants.

mattandbekah

blu-eyedwife:

AA0417:

I deal a lot with landlord-tenant issues, safety issues of structures, etc. so this is what I would recommend. First, get the water tested. There is a difference between unsafe and undesirable (just staining teeth may not be enough to get you out of your lease without penalty, but actually unsafe levels of a substance definitely can if she doesn't fix the issue in a timely manner - either way, I would want the issue fixed or I would want to move whether the test results were that the water were unsafe or just causing the undesirable effect of stained teeth). As you know, the fact that the house is old and has a well does not automatically mean that the water is okay as it is. If the findings deem that the water is indeed unsafe, you will need present her with the findings. Be sure to document when, how, what, etc. as you will need that information if you should have to go to court in order to get out without penalty (hopefully you wouldn't have to, but it sounds like you should be prepared for that with this lady). She will have to first be allowed a time period in which to correct the issue (it is based on the issue being corrected in a "timely manner" which will vary depending on the issue). If the issue is not corrected in a timely manner, then you would be able to break the lease without penalty. If you don't give her that time to correct the issue, she may be able to technically go after you for unpaid rent of every month of the rest of your lease, plus late fees and legal fees, if your lease is written as such. If after a reasonable time period, the issue is not resolved, or if you have documentation that demonstrates she has no intent to correct the issue, then she should allow you out of the lease without penalty. If she doesn't, you could then take her to court. I have never been a tenant, so I don't know the process of going to court or anything.

Also, in our state, there is a government agency that tenants can call for landlord-tenant disputes. The agency helps to try to get the issue resolved and advises the tenant of how to proceed, etc. (from my understanding; I just refer tenants with complaints to the hotline, so I've never personally dealt with the agency). Whenever I get a call from a tenant, that is always the first thing I tell them to do, so if your state has something like that, definitely call them first. The agency can bring in inspectors, testers, or whatever is needed for the situation.

If you need/want any further information or resources, let me know. GL!

Yay!  Now I don't have to give "this is not legal advice" legal advice!

I second everything AAO said.  I've been able to help clients in landlord/tenant situation either get their money back, break their lease, or currently I'm actually working on medical bills/property loss for a client.  

I know California actually has a landlord/tenant handbook which talks about our Warranty of Habitability - which would include water safety.  I would look and see if your state has one.  (In CA it's put out by the Department of Consumer Affairs, but in States like North Carolina the Department of Justice publishes it.)

In general, courts and laws are very tenant-friendly, both to support the public policy against slumlords, but also because there is often an inequal balance of power between landlord and tenants.

Hmm, lots to look into there.  Thank you both. Since I posted, I have found our local drinking water standards, and have contacted someone to conduct the test (on our own...she is supposedly going to do it, but we haven't heard from her), so now I just need to wait on the test results I guess.    I really appreciate everyone's advice - at least I know that I am not the only person that thinks it is unacceptable.

LatteLady5

Sammy-Mae:

If I were you I would arrange for water testing myself.  If you are unhappy with the results let her know. If she is unwilling to do anything about it take it to the landlord tenant board. She has to fix something like that.

Yes this. It should be her responsibility to make sure the water is safe. She needs to take care of it and reimburse you for what you've spent on water.

Elsa1984

LatteLady5:

Sammy-Mae:

If I were you I would arrange for water testing myself.  If you are unhappy with the results let her know. If she is unwilling to do anything about it take it to the landlord tenant board. She has to fix something like that.

Yes this. It should be her responsibility to make sure the water is safe. She needs to take care of it and reimburse you for what you've spent on water.

This!

Good luck! You will have to keep us posted on what the what results are when you find out!

Idomoodou2

Question, what county are you in? I work in social services in Lancaster County and have contact information for several agencies in several counties that might be able to help you out. 

mattandbekah

Idomoodou2:

Question, what county are you in? I work in social services in Lancaster County and have contact information for several agencies in several counties that might be able to help you out. 

We are now up in Columbia County.