ok here is my problem. I just moved into a place less than a month ago. Well 2 days after I move in my toilet starts to leak really bad. I looked at it and it looked like someone just put some type of glue stuff to just mask the problem. Well I did not mention this to the landlord right away because I did not want to seem like I was going to be an annoying tenant but as a couple of days pass the leaking got very bad so I had to tell him. Well anyways... he took out the toilet which besides leaking was in great condition and he replaced it with an old looking toilet that was all moldy and dirty. Well he said he fixed the problem and that I owe him $125 for the replacment of the toilet. I asked him why I owe him. He said because I broke the toilet!! I did not break it. And it is not my fault if it leaks. Well he says I have to pay it. I don't think this is fair. He said the toilet has been there for 40 years with no problems and now its broken. Im only renting this place!I please help!
2006-07-05 09:19:39 · 20 answers · asked by *♥* Igotorbs*♥* 4 in Home & Garden ➔ Maintenance & Repairs
ok some more details...I live in Utah. And the reason I did not report it right away is because my landlord is very old and I thought maybe my dad could fix it. But my dad said he will not fix it and to make the landlord do it. My lease does state I am to pay for damages if I broke it. But I did not break it. Another odd thing is when I first moved in on my first night my landlord said some thing wierd he asked if everything was ok or if I had any leaks. At the time I thought that was wierd of him to ask but now it seems like he knew of this problem and tried to just cover it up. How do I stand up for my self without seeming totally rude? I dont want any problems but I am a single mother and I work My butt off to pay bills and rent. I think this is so unfair.
2006-07-05 10:13:16 · update #1
it leaks at the bottom like the rim on the ground and yes it still leaks.
2006-07-05 12:02:02 · update #2
Hell no you dont owe for it. its the landlords problem he owns the toilet and is in charge of all upkeep in a house. Do not pay him anything. and if he says he will hold it out of you deposit, tell heim you will see him in small claims court. what he is doing is illegal..
I own alot of rentals and would only make the tenants pay if it looks loike the broke it on purpose..
Bert
2006-07-05 09:27:32 · answer #1 · answered by Bert W 1 · 7⤊ 0⤋
From what you've described, you do not owe the landlord unless you were directly responsible for the leak. The only thing you said that would concern me is the fact that you did not report the leak A.S.A.P. I understand that you don't want to be perceived as a problem tenant, but water leaks that go unreported only get worse. I used to be a Property Manager and had to replace many leaky toilets. Unless the tenant was directly responsible for braking it, I would not charge the tenant unless I could prove they damaged it. I don't know what state you live in. The laws vary from state to state. Read your Rental Agreement and look for the section pertaining to maintenance or damage to the unit. You may find something there to help you. Check with the city to see if there's a landlord/tenant arbitration department or something to that effect. In the future you really need to report any kind of maintenance issues you have. Especially pertaining to a water leak. You may not be directly responsible for the leak, but by not reporting it immediately, you may be financially responsible for the damage after the fact. I hope this helped.
2006-07-05 16:36:37 · answer #2 · answered by dizbuster 3 · 0⤊ 0⤋
U are right. Being that the toilet was 40 yrs old that should answer ur question. And it is the landlords duty to be renting out a fit and sound home that must meet the guidlines of the health dept. I would call the health dept and even take it to small claims court if he keeps pushin it. DO NOT pay him that money and if u already have tell him that when u leave since u payed for it u will be takin it w/u. And another point, when ever u do fix ups like painting the house or anythin to build that homes value ur landlord should knock that off ur rent. But dont forget u must ask ur landlord first.
2006-07-05 16:31:47 · answer #3 · answered by Just another name 1 · 0⤊ 0⤋
You are definately correct ask your landlord if he would have paid the bill had you called a plumber in the first place because the toilet was leaking. Also explain to him had you not said anything then he could have also had a health hazard on his hands. I think if it had been there for 40 years it would not have looked brand new, he did a cob job and got caught, so he had to do it again.
Do not pay a dime!!!!
2006-07-05 16:32:32 · answer #4 · answered by crazy24hr 2 · 0⤊ 0⤋
Go to your local library, they have plenty of tenant rights books.
Remember you are the tenant, the landlord is responsible for any repairs, unless it's obviously your fault. For example, if your child threw a baseball through a sliding glass door, your fault you pay. An old apartment, with old appliances, landlord pays.
Besides did you ask for a new toilet? NO, Did you get a new toilet? NO (new to you maybe, but definitely not brand new) If he's asking for $125 for replacing the toilet, it better be a brand new toilet. Ask to see a receipt, of whatever it is he purchased. If the charges are for his labor, TELL HIM FORGET IT.
2006-07-06 01:46:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I think your landlord was hiding things. However, you must PROVE it. You should consult your local rent control laws and see if you have any recourse. By the way, you never did mention WHERE the toilet leaked from. It's moot now, but there are ways of fixing toilets that leak without it being physically cracked. And does it still leak?
2006-07-05 17:52:28 · answer #6 · answered by houndofhell 1 · 0⤊ 0⤋
Do you have a lease? If so, does it specify conflict procedures? Some will specifiy arbitration, mediation, or other forms of resolution. If you do not have a lease... it is up to you, use common sense. Will it cost you more than $125 to remedy the situation? Whatever you do, keep records. Write down the date and time of each conversation and what was spoken. Keep a receipt for all funds paid.
2006-07-05 16:28:16 · answer #7 · answered by bigtony615 4 · 0⤊ 0⤋
You do not owe for the toilet. Send him a registered letter describing the situation and disputing the charge. Keep a copy.
Find another place to live as soon as the lease is up.
2006-07-05 16:23:45 · answer #8 · answered by BonesofaTeacher 7 · 0⤊ 0⤋
THE UP KEEP OF THE RESIDENCE IS HIS--YOU RENTED A PLACE IN GOOD FATIH THAT EVERYTHING WAS WORKING. DID YOU DO A WALK THROUGH BEFORE YOU GAVE HIM ANY MONEY ?
A 40 YEAR OLD TOILET HAS A VERY GOOD PROBABLITY OF HAVING SOMETHING WRONG!
FOR HIM TO REPLACE IT WITH LESS THAN WHAT WAS THERE WHEN YOU MOVED INTO THE APARTMENT IS NOT RIGHT. TOO BAD YOU DON'T HAVE PICTURES OF THE ONE HE REPLACE TO COMPARE TO THE ONE HE PUT IN--I'VE NEVER HAD TO PAY FOR ANYTHNG THAT WENT WRONG IN A PLACE I WAS RENTING. I BELIEVE HE'S DEAD WRONG & TRYING TO RUN A GAME ON YOU.
YOU KNOW MAN VS WOMAN !! DON'T LET HIM !
2006-07-05 16:37:44 · answer #9 · answered by littlebea2003 1 · 0⤊ 0⤋
Did you have a walk through? Have you read your rental agreement you signed? It would state who is responsible for what. You might be able to get help from the county you are in for your rental rights. I was a repair plumber and I have never seen a toilet last trouble free for 40 years. Parts tend to wear out naturally. Take pictures of your place to show prove of evidents to protect yourself. And prepare yourself to move again. Out from the slumlords place. Good luck
2006-07-05 16:34:46 · answer #10 · answered by paul_dad2u 1 · 0⤊ 0⤋