San Jose tenants in older homes often must contend with outdated plumbing systems replete with incompatible systems, dated fixtures, corroded pipes, failing sewer lines, poor drainage, severely deferred maintenance, and substandard repair work.  Generally, San Jose tenants living with substandard plumbing suffer can suffer from a profusion of middling issues such as low water pressure, delayed hot water production, and the occasional toilet backup that does not result in an overflow.  Occasionally, San Jose tenants living in homes with dilapidated plumbing systems can suffer one of the direst repair issues a tenant can face: a sewage flood.

Sewage Floods Are Unlawful & Hazardous In San Jose

First, it is important to note that sewage floods are unlawful in California.  California Health & Safety Code § 17920.3(a)(11), (a)(14), (a)(15), (c), (e); California Civil Code § 1941.1(a)(2), (a)(3), (a)(6); Rivera v. Sassoon, (1995) 39 Cal. App. 4th 1045, 1047 (Hazardous electrical wiring, raw sewage seeping under the building due to broken plumbing, and other leaking plumbing fixtures, among other issues, constituted a breach of the implied warranty of habitability entitling a San Jose tenant to monetary damages).  Their occurrence constitutes a breach of the implied warranty of habitability, a breach of the covenant of quiet enjoyment, a nuisance, and often supports a claim for negligence against the landlord and property manager.  Further, where the landlord or property manager fails to respond to a sewage flood adequately, timely, or entirely, the San Jose tenant may have a claim for wrongful eviction or constructive eviction.

Residential sewage flooding is exacting because of their extreme danger.  The sewage water itself and impacted area often carry harmful bacteria, viruses, and parasites from the human waste.  This can cause serious illness such as gastroenteritis (stomach flu), Hepatitis A, Salmonellosis (salmonella), Shigellosis (bacillary dysentery), typhoid fever, paratyphoid fever, and yersiniosis.  The flooding itself often destroys personal property, including furniture, clothes, and shoes, and cause mold and other airborne contamination due to toxic excessive dampness.  A sewage flood is something no San Jose tenant desires.  Yet, San Jose tenants living in older homes must consider reality.  Sewage floods can and do happen.

How Can San Jose Tenants Help Prevent Sewage Flooding in Their Home?

The best defense against a sewage flood is prevention.  This includes reporting all sewage and plumbing issues to the landlord or property manager when they happen.  Should they fail to correct the problem, the adversely impacted San Jose tenants should contact their local code enforcement agency and department of public health, request property inspections, and obtain notices of violation.  Not only will this make the concerning hazardous plumbing issue a matter of official record, but also create a timeline for correcting the issue.  Should the landlord fail to correct the problem, the government has the ability to assess statutory penalties against the landlord.

Routine maintenance can also prevent sewage overflows.  This includes keeping tree roots away from sewer lines, cutting problematic tree roots, installing and maintain a backwater prevention valve, regularly maintaining the sump pump, maintaining gutters, installing water sensors throughout the structure’s plumbing system, maintaining the sewer laterally regularly, inspecting ink and drains regularly, promptly repairing water leaks, and ensuring the drain line is cleaned once a year and kept clog-free.  Additionally, repairing foundation cracks is imperative as foundational cracks can cause a home’s plumbing to stretch, bend, or even break to the point leaks and floods occur.  A landlord’s failure to engage in routine maintenance designed to prevent sewage floods can be damaging and costly for them.  And, it can severely harm the San Jose tenants.  Thus, San Jose tenants should complain where their landlord fails to engage in the routine maintenance that, either directly or indirectly, pertains to the sewage system, as outlined above.

What Are Permissible Responses San Jose Tenants May Take Following A Sewage Flood in Their Home?

In addition to complaining about hazardous plumbing issues to the landlord and the government before they result in a full-blown sewage flood, San Jose tenants may take the following steps in response to plumbing issues:

1. Repair and deduct the actual costs of repair work from the San Jose tenant’s rent;
2. Take the landlord to small claims court or, should they live in a rent-controlled jurisdiction, file a petition for decrease in services at their local rent board;
3. Withhold the rent, partially or entirely, until the matters are resolved (not recommended unless the repair issues are particularly severe);
4. Refuse to accept or fulfill any rent increases served and demanded after the San Jose tenant complains about the serious repair defect impacting the building’s plumbing systems (This strategy requires that a local government agency responsible for tenantability cite the unit for at least one repair issue impacting health and safety); and,
5. Organize a rent strike at the property, to the extent the other units suffer similar issues.

However, even the most prudent actions do not always prevent sewage floods from occurring.  Sewage floods often occur in buildings with older, dilapidated plumbing systems.  When a sewage flood does impact a San Jose tenant, it is imperative the San Jose tenant respond decisively and quickly.  There are several actions San Jose tenants may take in response to a sewage flood.  In no particular order, San Jose tenants must take the following steps after suffering a sewage flood in their rental home:

1. Evacuate the home until the sewage flood has been corrected and fully remediated;
2. Increase ventilation in the home, including by opening windows and doors, to facilitate moisture control;
3. For large spills, contact all utility companies to terminate utilities, such as gas, electricity, and water;
4. Contact the landlord to report the sewage flood;
5. Contact a professionally licensed and bonded plumbing company to correct the flooding at the source, assess the damages and problem, and propose a solution, at the landlords expense, unless the San Jose tenant caused the sewage flood;
6. Contact a professionally licensed and bonded remediation company to properly remediate the impacted area, to the extent applicable, inside the San Jose tenants’ living quarters, in the interior of the structure, in the crawlspace, and in the yard, including potentially performing mold remediation in addition to disinfecting the impacted area, at the landlords expense, unless the San Jose tenant caused the sewage flood
7. Take photographs and videos of the sewage flooding and any related property destruction;
8. Contact a property restoration company to save damaged personal property, such as upholstered furniture, drapery, rugs, clothes, and mattresses), restoration work to be performed at the landlords expense, unless the San Jose tenant caused the sewage flood;
9. Invite neighbors, friends, and family members to the home to assist with the emergency response (Be sure to provide them with masks, gloves, and other protective gear);
10. Contact the San Jose tenant’s local code enforcement agency and department of public health to inform them of the sewage flooding and request a property inspection in hopes of obtaining notices of violation for the sewage flood and any other habitability defects in the home;
11. Consider consulting with a physician or other medical specialist for sewage exposure, respiratory issues, and other issues as they arise the San Jose tenant believes are related to the sewage flood;
12. Continue monitoring health for signs of illness related to sewage exposure; and,
13. Wash hands frequently and thoroughly.

For San Jose tenants, sewage floods are more than just an inconvenience — they’re a health hazard, a financial burden, and a sign of their landlord’s systemic neglect.  San Jose tenants facing these challenges often find themselves caught in a foul situation.  Where a San FranJoseisco tenant is regrettably forced to vacate their home due to sewage flooding, they will have suffered both a wrongful eviction and a constructive eviction, which entitles them to monetary damages.  After suffering a sewage flood, San Jose tenants should contact Astanehe Law to discuss their rights and potential representation.