# Leaky overflowing septic tank - owner won't fix it



## AGEAS (Oct 6, 2016)

Hello again,

I moved to a house in Galicia about 9 months ago. I've had a very good relationship with the owner who has fixed minor problems for us around the house and generally been supportive.

However.

I noticed that a part of the garden was very marshy during the winter. She assured me that it was due to the high winter water table. I gave her the benefit of the doubt. It got worse over time. I opened the lid of the septic tank and it was full of water. She paid for it to be emptied under duress. Builders came to inspect it and said it needed to be dug up and replaced but she balked at the cost. Within a few days it became full again. 

The lady has a very strange logic where she says she can't afford to fix it but then paid a lot of money to have it emptied several times. She has told me that as I negotiated the rent down that I can't expect everything "to be perfect" :wacko: In any case her kids need braces and she can't afford it.

The house is for sale at a vastly unrealistic price so she appears not to want to spend any money.

The ground at entrance gate to the street is like a marsh, with visible surface water, it stinks like crazy when you answer the door to someone. There is water flowing out the gate onto the street after a bath or a shower and there is a think thatch of vegetation growing out of the tarmac in the effluent. This flows down a steep street where there is a river at the bottom.

I have tried a number of different approaches including writing her a formal letter/report with pictures but she is in denial or trying to ******** her way out of the problem. I now need to get a little bit "heavy".

What are my options to compel her to fix it? Who wold I contact? Where do I stand legally?

Apart from the unpleasantness of the situation there is a genuine environmental/pollution issue here.

As always many thanks for taking the time to reply


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## xabiaxica (Jun 23, 2009)

AGEAS said:


> Hello again,
> 
> I moved to a house in Galicia about 9 months ago. I've had a very good relationship with the owner who has fixed minor problems for us around the house and generally been supportive.
> 
> ...


Legally, if it's as bad as you say, she has to fix it (even if it isn't that bad) 

If she is refusing to, go to the local OMIC office for advice - they will know what your options are, her obligations


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## Pazcat (Mar 24, 2010)

Go to the town hall, I would guess this would be a public health and safety issue especially if it is leaking outside of the property to the street.


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## Overandout (Nov 10, 2012)

The law (LAU) allows the tenant to make "urgent" repairs which would normally be the responsibility of the owner and claim back the money, but only if the owner has been informed.

If I was in your position I would send a burofax (with certified content) to the owner saying that the repair is urgent due to the health and environmental impacts of the defect and that if, in the period of x weeks the owner does not make the repais, you will contract the repairs and deduct the cost from the rent until full reimbursed.

I would however check this with a lawyer first.


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## Isobella (Oct 16, 2014)

Pazcat said:


> Go to the town hall, I would guess this would be a public health and safety issue especially if it is leaking outside of the property to the street.


Agree, one of our neighbours in San Pedro had stuff running down a slope and into waste ground. Tomatoes started growing out of it, presumably from people's waste. Eventually they were served with an order from the Ayuntamiento.


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## 95995 (May 16, 2010)

Overandout said:


> The law (LAU) allows the tenant to make "urgent" repairs which would normally be the responsibility of the owner and claim back the money, but only if the owner has been informed.
> 
> If I was in your position I would send a burofax (with certified content) to the owner saying that the repair is urgent due to the health and environmental impacts of the defect and that if, in the period of x weeks the owner does not make the repais, you will contract the repairs and deduct the cost from the rent until full reimbursed.
> 
> I would however check this with a lawyer first.


But if it needs to be replaced that really is a major outlay, IMO well beyond the sort of thing a tenant would do and it would take forever to get it back by not paying rent.


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## davexf (Jan 26, 2009)

Hola 

Depending on your local autonomous laws, you could have to put in one of the new tripartite tanks, not just a hole in the ground. Estimate from 1,500€ upwards 

Davexf


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## AGEAS (Oct 6, 2016)

Thanks for the replies.

*xabiachica* You mentioned the "OMIC", what is that?

These pictures a re a few months old, there's a huge amount of foilage growing out of the wall on the right now.


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## Overandout (Nov 10, 2012)

EverHopeful said:


> Overandout said:
> 
> 
> > The law (LAU) allows the tenant to make "urgent" repairs which would normally be the responsibility of the owner and claim back the money, but only if the owner has been informed.
> ...



That was the point! The thought of a year or so with no rental income may well "encourage" the owner to respond.


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## 95995 (May 16, 2010)

Overandout said:


> That was the point! The thought of a year or so with no rental income may well "encourage" the owner to respond.


How would it encourage the owner - at worst the owner gets to effectively pay over time, whilst the tenant has to pay upfront for something that is the owner's responsibility and risks having action taken for unpaid rent arrears (not to mention the owner could start acting vindictively on other matters.. Plus, of course, no one can hazard a guess as the actual cost. 

Of course, if the OP has the money sitting around doing nothing and likes a fight .....


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## xabiaxica (Jun 23, 2009)

AGEAS said:


> Thanks for the replies.
> 
> *xabiachica* You mentioned the "OMIC", what is that?
> 
> These pictures a re a few months old, there's a huge amount of foilage growing out of the wall on the right now.


OMIC is the Oficina Municipal de Información al Consumidor - like a consumer complaints department.

Their office is usually situated in or near the town hall


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