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njp6
Joined: 01 Sep 2005
Location: Gangnam, South Korea
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 Posted: Thu Dec 21, 2006 3:04 am Post subject: School and landlord not paying for apartment repairs |
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Recently, at my apartment complex, some people have been having trouble with the floors in regards to the heating. What seems to be a common problem is there will be a small water leak and when we turn on the floor heating, the moisture evaporates, warps the floor and then it need replaced. The only thing is there's no way to know if this will happen until it is too late. My school is now insisting that individuals have to pay half of the repair cost. Many teachers have argued that this should be up to the landlord; however, all these arguments have been dismissed by the school's management.
I don't really understand this. Shouldn't the landlord pay for structural repairs that aren't the resident's fault? Anybody have any bright ideas how to get my school to cough up the money or put more pressure on the landlord? Is there any place we can go for legal council or help in this matter? All ideas are appreciated. |
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lover.asian
Joined: 30 Jan 2006
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| Posted: Thu Dec 21, 2006 3:29 am Post subject: Re: School and landlord not paying for apartment repairs |
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| njp6 wrote: |
| My school is now insisting that individuals have to pay half of the repair cost. |
This is exactly the reason why you should never accept a housing deposit or any penalty clause, for that matter. I hope you didn't agree to one, as if you did, you can kiss it good-bye.
I'd give them an ultimatum: either fix the problem with their money or find another teacher. |
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ChuckECheese
Joined: 20 Jul 2006
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| Posted: Thu Dec 21, 2006 3:38 am Post subject: |
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I would stop teaching until they agree to pay 100% of the cost and fix it.
Just call in sick for several days and use up your sick leave. If they call and ask you how you're sick, tell them that you're sick of their bull-*beep*. |
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spyro25
Joined: 23 Nov 2004
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| Posted: Thu Dec 21, 2006 3:39 am Post subject: |
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| Quote: |
| Shouldn't the landlord pay for structural repairs that aren't the resident's fault? |
the answer to this is yes - my landlord tried to gip me for my 3 million deposit money (i rented it myself, not through a school) for stuff that wasnt my fault - damp in the floor causing damage enough that the floor needed to be replaced. there was also some damage to the wallpaper and the freezer door handle was broken - this is just normal wear and tear after two years.
when i brought my girlfriends father down to argue on my behalf he managed to put it to him that as i have been there for two years and pay my rent monthly then i am not obliged to pay for any damages. i had to pay a little as some of the damage was my fault (****** dog!) but the damage to the floor, walls and freezer was waived.
the school should not be asking you to pay this money but to be honest the landlord shouldnt be asking the school to pay anything either - it sounds like your school's director doesnt know much about these things and the landlord is trying to make some coin from them. |
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spliff
Joined: 19 Jan 2004
Location: Khon Kaen, Thailand
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| Posted: Thu Dec 21, 2006 3:59 am Post subject: |
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| HA, haaaa, I wish I was in one of them apt's...I'd raise holy hell they'd be eating out of my hands. You should pay! What a FOOKING joke! Give your resignation and be done w/ it.. |
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Homer
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| Posted: Thu Dec 21, 2006 4:35 am Post subject: |
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It is the school/landlords responsability.
You did not cause the damage.
As for this oh woe me deposits are evil issue...a properly written contract will mean that your deposit is not related to damage to the accomodation that you did not cause.
Clearly the problem seems to be common in building (as you indicated) so get a Korean friend to come over and talk the problem over with other tenants.... |
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spliff
Joined: 19 Jan 2004
Location: Khon Kaen, Thailand
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| Posted: Thu Dec 21, 2006 4:39 am Post subject: |
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| If a school says you have to pay a deposit in the contract just walk away..it's illegal and will be used to nail you to THEIR cross. |
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Homer
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| Posted: Thu Dec 21, 2006 4:57 am Post subject: |
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spliff.....deposits are not illegal (how many times will this need to be repeated) if they are agreed to by both parties in a lawful contract......
But, if you do not want to pay one...move on to a different job offer indeed. Just stop passing on legal advice please. |
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ChuckECheese
Joined: 20 Jul 2006
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| Posted: Thu Dec 21, 2006 5:25 am Post subject: |
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| Homer wrote: |
spliff.....deposits are not illegal (how many times will this need to be repeated) if they are agreed to by both parties in a lawful contract......
But, if you do not want to pay one...move on to a different job offer indeed. Just stop passing on legal advice please. |
Can you show me where in the Korean labor law that says that deduction of wages for the purpose of apartment deposit is legal when both party agreed to it.
If that's the case. If you agreed to any terms on a binding contract that deviates from the existing labor law, it's legal and supercedes the existing law?
I believe it is illegal if it's included in your employment contract to be deducted from your wages.
In order to be legal and binding, you need separate contract (rental type contract). Your wages to be paid in full first and you hand over the deposit portion and get a receipt for it. |
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Novernae
Joined: 02 Mar 2005
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| Posted: Thu Dec 21, 2006 5:50 am Post subject: |
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| ChuckECheese wrote: |
| Can you show me where in the Korean labor law that says that deduction of wages for the purpose of apartment deposit is legal when both party agreed to it. |
Laws aren't made to tell you what is legal. Do you think that it is illegal to drink water because there is no law stating that it is legal? The onus is on you to prove the illegality of something, not on the rest of us to prove the legality of it. |
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Pak Yu Man
Joined: 02 Jun 2005
Location: The Ida galaxy
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| Posted: Thu Dec 21, 2006 6:42 am Post subject: |
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| ChuckECheese wrote: |
I would stop teaching until they agree to pay 100% of the cost and fix it.
Just call in sick for several days and use up your sick leave. If they call and ask you how you're sick, tell them that you're sick of their bull-*beep*. |
No no no. Tell them you ate sick cause there's something wrong with the floor heating. |
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Homer
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| Posted: Thu Dec 21, 2006 7:30 am Post subject: |
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| Bottom line: you are not responsible for the damage or the repair costs. |
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Hotpants
Joined: 27 Jan 2006
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| Posted: Thu Dec 21, 2006 8:12 am Post subject: |
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So, what does it mean - that you can't switch on the heating in case the floor warps?
If I were you, I'd just warp away the floor!!
Seriously, I wouldn't worry about the damage caused. The school is aware of the problem. If they won't act and get it sorted, it's not your fault. You can't be made to pay for such an expense, since it's clearly a structural fault and not brought on by a mishap caused by you. Go ahead and use the heating, and by the time the building collapses, you'll be long gone, since this doesn't sound like a school you'd want to be working at for more than a year! (Just be kind enough to warn your neighbors that their ceiling might cave in...) |
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willneverteachagain
Joined: 17 Dec 2006
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| Posted: Thu Dec 21, 2006 10:04 am Post subject: |
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im with hot on this one
same thing happend to me but mine was a serious mold problem. I ripped off all the wall paper and bleched the hell out of the wall and it didnt come back and i left the wall paperless the day i left.
I asked the director to fix it a bunch of times and gave up |
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DHC
Joined: 15 Jan 2003
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| Posted: Thu Dec 21, 2006 1:41 pm Post subject: |
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| You should NOT pay anything! |
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