does a failed foundation violate any codes ?

Trying to find out if a foundation that has failed violate any building codes, any ideas on where to look would be greatly appreciated.

Thanks

Reply to
Sonbo
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what did it fail?

Reply to
bAsstute

According to Sonbo :

A foundation failure _can_ lead to your occupancy permit being revoked, the building condemned, or even demolished.

Depends on what you mean by "failed". Without knowing that, we can't advise you any further.

Reply to
Chris Lewis

Building codes are designed to standardize a minimum level of quality for new construction and alterations. They are not meant to be used to evaluate failure in existing buildings. The local building inspector (code enforcement officer) inspects new construction and alterations, and only visits other buildings if there is a complaint or suspicion of unpermitted construction activity.

It is up to the owner to protect their asset (building). The building inspector can condemn a building as unfit for habitation for a number of reasons and pull its certificate of occupancy. I have never heard of this happening for a structural failure of a foundation unless there has been a collpase or catastrophic failure.

R
Reply to
RicodJour

Sorry I should have included more info

Just rented an apartment , bottom floor in a two story building. the foundation,which is raised, has failed, apparently some time ago. the floors lean and squeak and when the neighbors above walk it sounds like the ceiling is going to cave in. there is also extensive visible repairs all over the ceiling, mostly seems and pops and the cosmetic repairs that have been done around the doors are starting to crack.

My questions are What is the technical term for this, is it under collapse ? Does this condition violate any building codes ? Should I be concerned about the ceiling coming down ?

Just want to have my facts straight when I confront the landlord.

Reply to
Sonbo

It seems like you are want to make trouble for the owner, why did you move in. The ceiling hasnt fallen, you have heat. Let it be,or move

Reply to
m Ransley

The foundation doesn't necessarily have anything to do with the condition of the floors and ceilings.

Can you actually see the concrete or block foundation walls or is it finished?

Reply to
Gazoo

Correct.

Old House Disease., and no.

Not from what you described.

Probably not. It sounds like the landlord isn't looking for perfection and you are. There are visible repairs, floors squeak and lean... Has the condition changed from the time when you first viewed the place and agreed to rent it? No? If you saw the place and accepted it, I don't see that you have a leg to stand on. It's not like the toilet constantly overflows or you have no heat. Trying to backend an agreement is piss poor planning on your part.

As far as the noise from the tenants upstairs, that's what happens when you live on a lower floor.

Planning on a confrontational encounter? I'm sure it will be, if that's what you want. Do you think that's a good way to approach it?

R
Reply to
RicodJour

Didn't know about it till after I moved in, the noise the ceiling will wake you out of a sound sleep and a little thing called a lease.

Reply to
Sonbo

Reply to
Sonbo

Your lease states that you give the landlord money and in return he gives you a habitable apartment. Failure of delivery on either part is a breach of contract. What you want to ask yourself is, are these problems serious enough that a judge would agree that the apartment is not habitable? Taking the issue to court probably isn't worth it, though.

Present the landlord with three options:

  1. Fix the problem so you can get a night's sleep and not worry about the ceiling caving in.

  1. Involve inspectors, lawyers, civil court, etc.

  2. A reasonable amount of time to find another tenant (2 months?) and then let you out of the lease.

If the landlord is even reasonably sane then he'll know that #3 is the best option. Get rid of the problem tenant (you) and get in someone who won't complain. Landlords like tenants who don't bother them.

-rev

Reply to
The Reverend Natural Light

You go from violating building codes on a foundation to a bit of upstairs noise to a ceiling condition. As a lanlord you are what is known as trouble. Why did you move in and not point out the ceiling first, oh I see , you dont want to pay the rent maybe.

Reply to
m Ransley

You get what you pay for. Is your rent high or low compared to other rental units in your area? You could argue that the sample unit did not match the condition of the actual unit as a means to break the lease. (i.e. I didn't get what I thought I paid for).

Is there another unit the landlord would allow you to switch to?

Houses do settle, if it becomes a nuisance or hazardous or very unattractive, you have reason to request repairs. Its not your property, so don't worry about its [long term] condition, only your living conditions. You'll have enough to worry about from noisy upstairs neighbors.

Reply to
PipeDown

Hire an engineer to check it out.

If he finds it unsafe, then you can void the lease.

Reply to
Sherman

Then they have other units? Let them know the noise bothers you quite a bit and that it looks like the repairs may not meet the building code. Ask that they let you move to another unit. If it's not too late, be polite, but firm, in that the noise is well beyond the reasonable amount one might expect from a normal situation. Meet them halfway, if they don't have a unit available immediately then give them some time. If they're not willing to consider the idea then you have to decide how much you want out of the lease. You may well have to spend a bit of time/money in court to get out of it.

Reply to
wkearney99

Looked at a sample?? Are you saying you never looked at the apartment you moved into before signing a lease? Then you got what you deserve! Greg

Reply to
Greg O

Then everybody else is an idiot. An apartment is _used_ merchandise. Not inspecting the exact unit you'll be staying in for a year or more is just nuts. Lesson learned.

R
Reply to
RicodJour

I'm not sure what you mean by raised. Or failed. Please, more details.

As to the noise from upstairs, do they have rugs or carpets. If your lease contains a requiremnent that you have carpet then I'm sure their lease does too. But since you're on the bottom floor, maybe your lease doesn't and still their lease does.

I don't remember what my lease said 34 years ago, and things were fine until I got a piano. Then I annoyed my downstairs neighbor. Rather than fight with me, he kept his eyes open and wheen another neighbor was giving away a rug, he gave me the notice. I took the rug and, in my case, I didn't use it for the whole room, but I folded it to 8 or

12 layers and put it under the spinet piano. He never complained after that.

Where do you live? In the places I have lived, almost everyone looks at the very apartment they intend to rent, even though it is still occupied. Tenants who are moving out have a duty, almost always in their lease, to cooperate and let prospective tenants see the apartment. Failure to have viewed the actual apartment may be seen as your negligence rather than the ll's fault, depending on things I don't know about.

Remove NOPSAM to email me. Please let me know if you have posted also.

Reply to
mm

This is Turtle.

Look Sambo , There is one shot here and that is let the land lord know that your going to get the city code inspector take a look at your apartment for some real structure defects and i think he will be asking you to leave.

TURTLE

Reply to
TURTLE

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