Next Clogged toilet...tenants or landlords responsibility?
I was in my bathtub with the water running about a week ago, (I had used the toilet about 30 minutes prior, only number one with little toilet paper. It seemed to have flushed fine.) Anyways Im in the tub, look over, and the toilet is bubbling over out of the pot. I got out as fast as i could and mopped up all the... show more
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Best Answer: A tenant is responsible for any soft plugs (excess toilet paper) of if the tenant or tenants child put something down the toilet that caused the stoppage. It sounds like there is a stoppage in the main sewer line to the house.....often times tree roots. If that is the case the landlord would be responsible for the damages and plumber's service call. If the plumbing frequency clogs up it is a sign that the problem is a defective main sewer line. Watch the plumber and if he has to run his snake more than 20-25 feet to unclog the clog the problem is not your fault, but the main line. A soft plug will be only a few feet from the toilet.
Having or not have a lease doesn't effect who is responsible. Sure you can go take to a lawyer and the cost is going to be $200 for 30 minutes of his time. The lawyer isn't going to be able to help you because he doesn't know what caused the clog either.
Who is liable for the bill will be determined by what the plumber finds caused the problem.
If the lines are broken below ground (which could be caused by tree roots), the LL is responsible for the cost of repairs. This is something the tenant has no control over.
If the toilet is clogged due to toilet paper, or something else that should not have been flushed (such as a toy, a pencil, or used tampon), the tenant will be responsible for the cost of all repairs.
Source(s): FL landlord R P · 2 years ago
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Unless you have put something down the toilet, then it is the landlord's responsibility. Your landlord sounds like he is trying to get you to pay. You need to send him a letter that you have not put anything more than usual down the toilet. You know toilets do clog up. You have the right to expect to go to the bathroom in any form and use a reasonable amount of tissue and the toilet should flush. Something is clogged up and only a plumber will solve the problem. Be sure to get a copy of what the plumber said is stopping it up and where the stop was. You are responsible for damage and the landlord is responsible for normal wear and tear. If you don't like what he is telling you, move. You will probably lose your deposit and you would have to take your landlord to small claims court to get it back. Depending on the laws in your state, if a landlord takes money out of your deposit and doesn't send you a letter withing 30 days stating what actual damages were, you can collect treble damages. Be sure to get information from both plumbers and in writing.
Generally these questions really have many levels to them.
First, I have leases that state clearly that tenant has verified free-flowing drains at the time of move in, therefore; tenant accepts complete responsibility to maintain free flowing drain throughout the tenancy and return the unit at move out with all drains clear and free flowing.
However. That being said. It is entirely possible that a drain problem is really happening because of roots of trees taking over, city sewer connection becoming blocked .... Or numerous other problems outside of tenants control
If my tenant wants me to deal with the drain problem I will. However, if the plumber does not find a problem for which I am responsible....then the tenant must pay my plumber. If it is a clog caused by tenant... Then the plumber will not be really able to clearly identify what this is because all the plumber will do is blow the clog down and into the sewer main. He isn't going to try to pull the clog up to see what it is.
I had a unit that was constantly being clogged by vegetable peals getting into the main sewer stack and causing backups into both the kitchen and bathroom. The clog can originate n any part of the drain system down stream from the bathroom.
The landlord is responsible or maintenance on the property, in many cases even if the tenant is negligent (by using too much toilet-paper, etc.)
A tenant can clog the drains with hair but cannot be charged for it. The same is true with all plumbing.
Only in cases of extreme negligence or actual vandalism is the tenant responsible.
My landlord in a previous apartment did have everyone initial a list of things that would not be placed in toilets, and it was a long list.... band-aids, adhesive pads, every imaginable feminine item, paper towels, but human waste and toilet paper was not among them.
Tenants can be held liable for plumbing damage and repairs if the landlord can prove the tenant caused it.
If a power ranger, bag of rice, paper towels, or feminine hygeine products made it down the drain, for sure they can charge you. Why should a manager/owner be held liable for a tenant not knowing that only liquid, feces, and toilet paper go down drains?
If it was truly caused by a solid #2, your landlord should be a bit more understanding. I wouldn't get a lawyer. All they do is write letters and charge you hundreds of dollars. Contact the city, local tenant union, or just flat out have a discussion with your manager. Tell him you're not going to pay unless he can prove something got down your drain that wasn't supposed to go there
Your lease situation has absolutely nothing to do with anything unless the lease said something specific about plumbing issues.
Unless that landlord can prove this is your fault you should not have to pay. Contact the agency set in place by your local government to oversee rental law.
A plunger costs $2 and works great. Try it. If there is no clog then you don't pay.
If there is a clog from sanitary products or food disposal then you pay.