MEMPHIS, Tenn — It was late October when a woman who spent months dealing with mold and sewage problems in her rental home first contacted ABC24. Now, the property owner is due in environmental court.
Dominic Barnes has since sought legal advice on her rights as a tenant and the responsibilities owed to her by property owner MDM Investments of Memphis.
Barnes said the sewage problems in her Midtown home started in May. The single mother of four said the problems were still an issue on Monday before management sent another plumber out to clear the pipes.
“The far end over here, he said most of the feces was stuck at that end,” Barnes said, pointing at the other end of the yard. “He had to snake it for like 30 minutes just to get the feces to move.”
It was October 7, 2023, when Memphis code enforcement issued MDM Investments of Memphis two violations for mold inside the house and sewage leaking into the front yard. On October 26, after finding both problems unaddressed, code enforcement cited MDM Investments to environmental court.
Since the latest plumber visit, the pipe at the property no longer spews sewage every time the toilet is flushed. But Barnes said that’s because she and her family have not used it in days after moving into a hotel. However, she said she only has enough money to keep them there for a maximum of three months.
Barnes has spoken with attorneys at Memphis Area Legal Services about her options.
“If the repairs were made, if the woman wanted to move back in, by allowing her to leave, they did what they were obligated to do with regard to her,” said Cindy Ettingoff, CEO and general counsel for Memphis Area Legal Services.
Ettingoff said the law states property managers have 14 days to respond to a problem reported by tenants.
“But that 14 days really boils down to 14 days to commence your fix,” she clarified.
Michael McGhee with MDM Investments has sent a letter to Consumer Affairs, blaming Barnes for the problems and saying they are all now resolved except for what the company claims the city is responsible for. Memphis Public Works previously said that the responsibility falls to MDM Investments and is scheduled to revisit the property to verify this.
“You want to point at me, and you want to point at the city, but you’ve had since May when this started,” Barnes said.
Ettingoff said any possible contradictory statements could be problematic for the upcoming environmental court hearing on November 8.
“It’s not testimony, so they have not perjured themselves,” she said. “At the very least, it affects the credibility.”
ABC24 has requested a copy of the report filed by a Shelby County Health Department environmentalist on Tuesday regarding the condition of the property. Barnes has started a GoFundMe to help cover expenses.