Photograph by Skye Dunlap

Renters at Twin Pines apartments sued their landlord for failing to repair a plumbing problem.




Tenants win $20,000 lawsuit over repeated sewage problem

Landlord will appeal judge's decision

By Kelly Wilkinson

Mitchell Loebel is proving he doesn't take any crap. Especially when it seeps from his apartment's plumbing system onto his bathroom floor--repeatedly.

As a tenant at Twin Pines apartment complex since 1984, Loebel says, he has experienced toilet and sink overflows and water leaks which prompted him to switch apartments three times. In the past two years, he says, he had four toilet overflows, two kitchen sink overflows and three sink near-overflows--resulting in water stains, mold and stench.

Loebel says the last straw came in March, when a overflow occurred and he had to call his own plumber--and the public works department--to have the problem fixed. After A&A Plumbing spent two and a half hours clearing the sewer line, property owner Joseph Louis refused to pay and sent Loebel the bill for $567.

"That was the event that triggered the whole thing," Loebel says. "And in the meantime, I made contact with some of the other tenants--which really opened a can of worms."

Loebel and five other Twin Pines tenants filed suit against Louis in small-claims court for negligence and breach of contract, in addition to other claims. In August, the judge sided with Loebel and the tenants and awarded $20,000 in damages.

Louis, who is appealing the decision to Superior Court, was unavailable for comment at press time. Lori Lopez, his property manager, said they are appealing the decision because they feel it is unjust. The city followed suit shortly thereafter. On Sept. 1, Sunnyvale's housing inspector sent Louis a letter requesting aggressive maintenance on the property's plumbing system.

The letter told Louis that a portion of the main sewer line is in violation of the city's code. He was instructed to either replace the pipe or maintain it monthly for six months--after which time the city will determine whether the maintenance has eradicated the problem.

The letter also required Louis to provide a maintenance contract to the city within 14 days, which he did. But last week, another overflow occurred, according to Loebel.

"Basically, I'm at my wits' end," Loebel says. "I don't know what else I can do at this point. Big deal--this guy lost $20,000. But now who is going to monitor this guy?"

"The building is 40 years old and the sewer is under concrete," Lopez says. "There are going to be backups just like there would be in any house."

But Loebel says he wants the city to mandate a complete overhaul of the building's plumbing, because Louis' maintenance has been reactive instead of proactive.

"It's been cited and corrected, cited and corrected," Loebel says, adding that each time the city has requested a repair, Louis has responded with a minimum fix. "But now they need to mandate a wall-to-wall, side-to-side and top-to-bottom renovation of the plumbing."

The city plans to stick with the original maintenance demand of flushing and cutting the pipe for six months. After that time, the city will contact the tenants to see if the process has been successful.

"We're hoping this will fix the problem," says Dyane Matas, housing and neighborhood preservation officer. "If [Louis] wants to stick with the maintenance, that's fine. If the pipe is clear, the sewage flows and there might not be a problem in the future."

Councilwoman Julia Miller, who has been in contact with Loebel throughout the process, said she hopes the city will act more aggressively, given that the problem still remains.

"This thing is really getting out of hand," she said. "I really admire the tenacity of the tenants. They've really put their heart and soul into this and been patient and gone through all the proper channels. I think the city really needs to step up to the plate."

Loebel--who pays $1,100 rent for a two-bedroom apartment--says he has not ruled out a move if the problem isn't solved.

"With the big stains in the rooms, history just stares you in the face here," he said. "This [last overflow], I have really gone over the edge."

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