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While there are benefits to living in an apartment community, there are also negative aspects. One of the primary downsides of apartment living is that what happens in another unit has the potential for having a more significant impact on your residency than when living in something like a single-family home.
The perils faced by Monica, an apartment renter in Denver, underscores how bad things can get when living in a multi-residence building when something goes awry in another unit. As conveyed to Eco Bear biohazard cleaning company, Monica’s situation is certainly one of the more horrific circumstances an apartment dweller potentially can face.
Unremitting Odors Wafting Into Monica’s Apartment
The problem for Monica began when she began to smell what would be unremitting foul odors wafting – streaming, at times – into her apartment. In short speed, she could trace the source of the stench to a neighboring apartment. In her mind, Monica was certain that the smell was the stench of decomposition.
Putting Landlord on Notice
Monica notified the apartment building management of the matter of the smell of death. After more time elapsed without any evident action by building management, and imagining the worst, Monica telephoned the police. She expressed her concerns to law enforcement that someone may have died in the apartment where the stench originated.
Unfortunately, after the first telephone call to the police, nothing happened. No one showed up. No one appeared to undertake a make a welfare check.
Monica called the police yet again. In this instance, the police did come to the apartment building.
Discovery of Unattended Death
The police were able to enter into the apartment unit in question. They discovered significantly decomposed human remains. Indeed, the decomposition had reached the point that about all that was left were bones.
To understand the state of the remains when finally discovered by law enforcement (after significant delay by management of the apartment building and by the police themselves), these are the five primary stages of human decomposition:
- Autolysis – This is the first stage of decomposition and typically begins within hours of death. During autolysis, the body’s cells break down and release enzymes that can cause tissue damage and discoloration. This process is accelerated in warm, moist environments and can be slowed down in cooler, drier conditions.
- Bloat – As bacteria continue to break down the body’s tissues, they release gases that can cause the body to swell and become bloated. This is often one of the most visible signs of decomposition and can occur within a few days of death.
- Active decay – During this stage, the body’s tissues begin to break down rapidly, due to the activity of bacteria and other organisms. This can cause a strong odor and can lead to the formation of maggots and other insects that feed on the decaying tissue.
- Advanced decay – In this stage, most of the body’s soft tissues have been consumed or decayed, leaving behind only bones, hair, and other hard structures. This stage can take several weeks or months to occur, depending on a variety of factors such as temperature and humidity.
- Dry remains – This is the final stage of decomposition, where all that remains of the body are dry bones and any other hard tissues that may have survived the earlier stages of decay. In some cases, these remains may be preserved for extended periods of time, depending on burial conditions and other factors.
Because the stench remained at the site, it is estimated that the remains in this case were between the fourth and final stages of decomposition.
Even More Time Elapses
When Monica reached out to Eco Bear, about three additional months had elapsed since the police came to the building and the decomposed remains were discovered. The apartment building management has done nothing to undertake unattended death cleaning of the apartment. A stench evidently continues to invade surrounding apartment units.
It is possible that management has not entered into the offending apartment because the coroner’s seal may remain on the door. With that said, management could contact the coroner’s office regarding making entry to the premises to undertake unattended death cleanup. Odds are that with the time elapsed, the coroner is finished with the need to access the premises. The seal very well remain on the door due to an oversight.
Monica the Tenant Withholds Rent
Being unable to get the landlord to take reasonable steps to deal with the stench that continues to invade her own unit, an odor that interferes with her ability to enjoy her apartment, Monica has withheld rent.
There is a law in Colorado, as in other states, that technically is known as a statute of quiet enjoyments. What this means is that a tenant has the legal right to enjoy his or her apartment without interference from the building owner, management, or other tenants. The stench in this case definitely appears to interfere with Monica’s ability to enjoy the use of her premises.
Colorado law specifically includes a provision that a tenant can give notice to the landlord (or management) of a nuisance of this nature and the owner or manager would have four days to rectify the issue. Technically, this situation is known as a breach of the warranty of habitability.
Some states make it clear that if the landlord fails to take action, the tenant can withhold rent. In Colorado, the law is a bit unclear in this regard. It is possible that, provided the tenant gave notice about the issue to the landlord, withholding rent will be scene as an acceptable course.
It appears that the landlord has started an eviction process against Monica. Based on what was set forth a moment ago, it is possible that she may be able to prevail in an eviction proceeding.
The bottom line is that Monica should seek out assistance from one of several different programs that are available to provide free legal assistance to tenants in a situation such as that we’ve shared in this article.
Eco Bear and Unattended Death Cleaning and Remediation
Eco Bear has a significant background in unattended death cleaning and remediation. Our company is able to commence immediate cleanup when an unattended death is discovered – including in an apartment building in which other tenants can be directly impacted by this type of situation.
