Janet Divers
555 Snowdrop Drive
West Lafayette, IN 47906
July 10, 2011
Carrie Collicut
Copper Beech Townhomes
2085 Puget Dr.
West Lafayette, IN 47906
Copper Beech Townhomes, LLC
c/o Legal Department.
2590 Park Center Blvd. Ste. #200
State College, PA 16801
Dear Ms. Collicot:
On May 15, 2011, 555 Snowdrop Drive suffered significant flood damage. We have made numerous verbal requests to you and other Copper Beech Staff for repairs; however, these requests have been ignored, and in some instances, laughed off. As a result, Marge Solana, an elderly woman with asthma, has been forced to live in dangerous conditions due to mold growth in her bedroom and living room.
Pursuant to Indiana Code 32-31-8-6, this letter is written notification that Copper Beech is in noncompliance with numerous provisions of Indiana Landlord Tenant Law, as well as the “Implied Warranty of Habitability.”
IC 16-41-20-1: Dwellings unfit for human habitation, Sec. 1
A dwelling is unfit for human habitation when the dwelling is dangerous or detrimental to life or health because of any of the following: Want of repair; Defects in the drainage, plumbing, lighting, ventilation, or construction; The existence of an unsanitary condition that is likely to cause sickness among occupants of the dwelling.
On May 15, 2011, the lowest floor of our unit was flooded with approximately 2 feet of water. Copper Beech employee Dan McBride pumped out the water, shampooed the carpet, then let the soaking-wet carpet air dry over the course of several days. The padding underneath the carpet was not cleaned, dried, or investigated in any way. It's not surprising that we now have severe mold growing underneath the carpet and up the baseboards and walls. There is an unpleasant odor throughout the unit.
After many verbal requests for repairs failed, we sent you a written request on June 22, 2011. .This letter advised Copper Beech through Carrie Collicott that our unit was in “want of repair” and we attached photos documenting the damage. We informed you that one resident was experiencing “sickness” from living in “unsanitary conditions.” We requested that the carpet and baseboards be replaced and the walls cleaned by a company specializing in mold. We further requested that "defects in drainage, plumbing, and construction" be rectified in order to make our unit fit for human habitation. We have received no response. Your intentional refusal to make these repairs is illegal under Indiana law.
IC 32-31-8-5: Landlord Obligations, Sec. 5 (1)
A landlord shall do the following: “Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition.”
Copper Beech failed to notify us of previous flooding in the complex, or warn us about the potential for future flooding.. Copper Beech knew, or should have known, flooding was likely to occur because you did not take the appropriate measures to prevent it, as per your own building plans filed with the Tippecanoe County Drainage Board and Surveyor’s Office. Our building is at the bottom of a hill. You failed to construct the required retaining wall behind our building, which was intended to prevent run-off during severe rainstorms. You also never installed drains at the base of the hill. You are required under law to build proper drainage for a 100-year storm. According to local weather reports, the storm that flooded our unit was a 1-year storm. This means that storms of this severity occur almost every year, yet somehow, an entire floor of our unit was destroyed. You made no disclosures regarding this danger when we signed our lease, and you never notified the Drainage Board about the changes to your building plan. Between the previous flooding and failure to build proper drainage, Copper Beech clearly knew that this unit was neither “safe” nor “habitable” years before we signed our lease.
IC 32-31-8-5: Landlord Obligations, Sec. 5 (2) A landlord shall do the following:
“Comply with all health and housing codes applicable to the rental premises.”
As stated above, Cooper Beech has violated "health and housing codes" by not installing flood protection or attempting to repair our unit since the storm occurred. We intend to file a lawsuit against Copper Beech due to this negligence. These damages may include, but are not limited to:
- The damaged possessions of Marge Solana, who was living on the bottom floor of the unit at the time of the flood. Copper Beech’s failure to install appropriate weatherproofing, drainage and retaining walls caused the flooding in this unit, which makes you responsible for ALL damages. Past flooding in the same unit indicated that action needed to be taken, but you neglected to correct the problem.
- Rent paid for the entire lease term. According to Indiana law, Copper Beech is responsible for maintaining the minimum housing codes for the unit to be considered “habitable.” Copper Beech was aware that drainage was inadequate prior to our signing of the lease, which renders our lease null and void. Under Indiana law, we have the right to claim paid rent during any time we were living in an apartment considered “not habitable.” This includes rent paid before the flood.
This letter also serves as notice that our second lease term beginning on July 27, 2011 is terminated due to breach of contract as outlined in this letter, since the lease was signed long before we knew we were living in dangerous conditions. The unit never met health and safety codes, which makes the lease null and void. We will be vacating our apartment at the end of the first lease term on July 26, 2011.
If you wish to resolve this out of court, you have 5 business days to respond to this certified letter. If you do not, we will pursue litigation against Copper Beech Townhomes.
Sincerely,
Janet Divers