: Trying to find out if a foundation that has failed violate any
: codes, any ideas on where to look would be greatly appreciated.
No. Yes. It depends on what failed, how it failed, and so on.
Not enough info.
I imagine the certificate of occupancy would depend on it.
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.
Chris Lewis, Una confibula non set est
It\'s not just anyone who gets a Starship Cruiser class named after them.
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
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.
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?
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
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.
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,
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.
2. Involve inspectors, lawyers, civil court, etc.
3. 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.
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.
I'm not sure what you mean by raised. Or failed. Please, more
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
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.
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.
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.
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