Landlord tenant dispute escalates
A landlord/tenant situation has boiled over after a fed-up renter complained her crisis-hit apartment was not being fixed properly.
Meanwhile property owner Dilton Lightbourne hinted it is a landlord's market currently and his tenant of three years, Runelle Darrell, could easily be replaced if she is unhappy.
Mrs. Darrell, of Atlantic View Apartments, Turtle Place, Southampton, claims tenants have had beach sand coming out of their faucets, numerous floods, no water, dysfunctional hot water heaters and cockroaches coming out of every nook and cranny.
The apartment complex looks like any other, except for all the unfortunate hidden extras. The tenants complain Mr. Lightbourne does not send capable and qualified workers to deal with the many problems with the apartments.
Last week Mrs. Darrell returned home to find that her $1,500-a-month apartment had flooded yet again. She called Mr. Lightbourne who asked her to sort it out. She refused as she had already spent the entire weekend first without water and later without hot water. Mr. Lightbourne threatened Mrs. Darrell with eviction when he saw her taking pictures of the flood.
The next evening she returned home to find a fan cooling her hot water heater and then what she thought was smoke filling her apartment. This was not three hours after the landlord had told The Royal Gazette that the problem with the hot water heater had been fixed.
The Fire Service responded to the incident and said the relief valve has been activated because the thermostat was not working. They also noted a danger of the hot water heater exploding, as the pressure was not being released.
Mr. Lightbourne spoke to The Royal Gazette last week and said Mrs. Darrell "should have a little patience, while I get things right".
He added: "I currently have four plumbers and when something goes wrong, she can't always have the same plumber."
One of the tenants' major complaints is the subject of plumbers being intoxicated on the job, but Mr. Lightbourne said: "They have a little drink, it's no major problem."
He added: "I don't charge tenants for water and I have 50 tenants who would like to live there. Mrs. Darrell is putting herself at risk by going to The Royal Gazette." "She refuses to sign a new agreement and is an uncooperative tenant and I have replaced the element in the hot water heater three times in three years." He added: "I don't want the article to run because I am trying to sell the property."
Mr. Lightbourne explained: "This agreement would make Mrs. Darrell responsible for repairing the hot water heater, any electrical problems, leaking faucets and any other problems that may occur inside of the property."
When contacted this week, the Rent Commissioner Eugene Foley, said: "A tenant and landlord can agree to any terms as long as they are not circumventing the law, but normal practice on the Island would be where the landlord takes care of the structure, electrical and plumbing repairs." "This is unusual, elements usually last for years," Mr. Foley continued, but noted that if the tenant continuously ran out of water, he could understand why the element could burn out.
It is understood several tenants have complained that they cannot use their washing machines as the wastewater backs up into the other apartments.
One tenant who did not want to be named said: "We cannot wash clothes in the house, because it comes out of our neighbour's toilet and Mrs. Darrell said hers comes up under her tub, her kitchen sink and toilet."
But Mr. Lightbourne denies any knowledge of the back up.
Mr. Foley said: "A washing machine uses around eight to ten gallons of water, and if there is a blockage in the line, it will back up and break the wax seal under the toilet and flow out of anywhere it can."
He added: "I suggested to Mrs. Darrell that she asks the Environmental Health Department do some tests on the sewage lines and the drinking water for bacteria, as there is still sand coming out of the taps."
On the question of the safety with flooding and the tenants using electrical cords because of a lack of power outlets, Mr. Lightbourne would only say: "All the furniture is mine."
Earlier this year Mrs. Darrell had to move out of her property for five days in January, due to sand coming through the shower and other faucets and flooding. She moved back in and had to move out again on February 4 to 10 when there was more flooding. Then from February 11 to 15 they had no toilet and tub.
Mr. Foley said: "In cases like this it is illegal for tenants to withhold the rent without a court order. The only recourse for tenants is to go to court and the Magistrate will decide whether they can withhold rent until the repairs are fixed."
