my old landlord is suing me for using too much toilet paper and causing the toilet to over-flow, is this legal

Question

My toilet overflowed because the stem broke, and it couldn't shut off. It flooded for 30 minutes before I noticed and it soaked all of the carpets and the downstairs ceiling. I had had problems with two out of three toilets, only one was working at the time of the flood. The landlord was not willing to put me up in a hotel and she left me to stay in the flooded house for 2 days before even coming to look at the place. It had a stench like mildew and I was concerend about the welfare of my two children. I opted to move out with an agreement that she would not keep my security deposit, well guess what ,she did and some. So I sued her for my deposit and now, 7 days before the court date she is counter-suing me for all repairs and a dang screen for the window---

Answer 1

she won't win.

¤ 42-42. Landlord to provide fit premises.
(a)The landlord shall:
(1) Comply with the current applicable building and
housing codes, whether enacted before or after
October 1, 1977, to the extent required by the
operation of such codes; no new requirement is
imposed by this subdivision (a)(1) if a structure
is exempt from a current building code.
(2) Make all repairs and do whatever is necessary to
put and keep the premises in a fit and habitable
condition.
(3) Keep all common areas of the premises in safe
condition.
(4) Maintain in good and safe working order and
promptly repair all electrical, plumbing, sanitary,
heating, ventilating, air conditioning, and other
facilities and appliances supplied or required to
be supplied by the landlord provided that
notification of needed repairs is made to the
landlord in writing by the tenant, except in
emergency situations.
(5) Provide operable smoke detectors, either
battery-operated or electrical, having an
Underwriters' Laboratories, Inc., listing or other
equivalent national testing laboratory approval,
and install the smoke detectors in accordance with
either the standards of the National Fire
Protection Association or the minimum protection
designated in the manufacturer's instructions,
which the landlord shall retain or provide as proof
of compliance. The landlord shall replace or repair
the smoke detectors within 15 days of receipt of
notification if the landlord is notified of needed
replacement or repairs in writing by the tenant.
The landlord shall ensure that a smoke detector is
operable and in good repair at the beginning of
each tenancy. Unless the landlord and the tenant
have a written agreement to the contrary, the
landlord shall place new batteries in a
battery-operated smoke detector at the beginning of
a tenancy and the tenant shall replace the
batteries as needed during the tenancy. Failure of
the tenant to replace the batteries as needed shall
not be considered as negligence on the part of the
tenant or the landlord.
(b) The landlord is not released of his obligations under any
part of this section by the tenant's explicit or implicit
acceptance of the landlord's failure to provide premises
complying with this section, whether done before the lease was
made, when it was made, or after it was made, unless a
governmental subdivision imposes an impediment to repair for a
specific period of time not to exceed six months.
Notwithstanding the provisions of this subsection, the landlord
and tenant are not prohibited from making a subsequent written
contract wherein the tenant agrees to perform specified work on
the premises, provided that said contract is supported by
adequate consideration other than the letting of the premises
and is not made with the purpose or effect of evading the
landlord's obligations under this Article. (1977, c. 770, s. 1;
1995, c. 111, s. 2; 1998-212, s. 17.16(i).)

¤ 42-43. Tenant to maintain dwelling unit.
(a)The tenant shall:
(1) Keep that part of the premises that the tenant
occupies and uses as clean and safe as the
conditions of the premises permit and cause no
unsafe or unsanitary conditions in the common areas
and remainder of the premises that the tenant uses.
(2) Dispose of all ashes, rubbish, garbage, and other
waste in a clean and safe manner.
(3) Keep all plumbing fixtures in the dwelling unit or
used by the tenant as clean as their condition
permits.
(4) Not deliberately or negligently destroy, deface,
damage, or remove any part of the premises, nor
render inoperable the smoke detector provided by
the landlord, or knowingly permit any person to do
so.
(5) Comply with any and all obligations imposed upon
the tenant by current applicable building and
housing codes.
(6) Be responsible for all damage, defacement, or
removal of any property inside a dwelling unit in
the tenant's exclusive control unless the damage,
defacement or removal was due to ordinary wear and
tear, acts of the landlord or the landlord's agent,
defective products supplied or repairs authorized
by the landlord, acts of third parties not invitees
of the tenant, or natural forces.
(7) Notify the landlord, in writing, of the need for
replacement of or repairs to a smoke detector. The
landlord shall ensure that a smoke detector is
operable and in good repair at the beginning of
each tenancy. Unless the landlord and the tenant
have a written agreement to the contrary, the
landlord shall place new batteries in a
battery-operated smoke detector at the beginning of
a tenancy and the tenant shall replace the
batteries as needed during the tenancy. Failure of
the tenant to replace the batteries as needed shall
not be considered as negligence on the part of the
tenant or the landlord.
(b) The landlord shall notify the tenant in writing of any
breaches of the tenant's obligations under this section except
in emergency situations. (1977, c. 770, s. 1; 1995, c. 111, s.
3; 1998-212, s. 17.16(j).)

Answer 2

First and foremost, if you are not in small claims court, you should have an attorney. If the overflow was due to a broken toilet, and you did not break the toilet, you probably shouldn't have to pay for the entire flood damage amount. Unless your landlord sat in the bathroom and watched your toilet paper consumption, they really have no way to prove that you used excessive amounts. The history of toilet problems (if you have proof) would point a pretty accusing finger at the landlord. Since you didn't notice the water issue for, by your own admission, about 30 minutes, then, in my opinion, some of the fault lies with you. The fact that the landlord wouldn't put you up in a motel isn't going to be a strong point because you didn't leave. If it was as bad as you make it out to be, you should have left, paid for your own motel, then sued for recompense. As it was, you remained in the residence, placing you and your children in a harmful situation, then tried to blame it on the landlord's unwillingness to pay for a motel.. If I had to resolve this, I would recommend that you be responsible for half of the cleanup, but not more than the amount of the security deposit, which I don't think you're entitled to get back, regardless of the verbal contract you claim. Anything above the security deposit that the landlord still has (assuming you didn't break the lease), should be returned to you.

Answer 3

The amount of toilet paper being flushed at a time will make a great difference but if your family isn't using handfulls of paper with every flush, I suggest that you take the toilet off and check to see if something is stuck in the S shape of the toilet (this ca be done with a coat hanger wire, but you must approach the problem from the bottom of the toilet). Also, you may have a problem further down the drain pipe, so be prepared to snake out the drainpipe if nothing is found in the toilet.

Answer 4

it is legal but most likely she wont win just tell the judge that your kid took a dump and ever scince then the toilet didnt work and that your kid was very sick with a stomic virus and that yall even had trouble with it before that and that it wasnt your falt that it wouldn't shut off or that he waited so long to come up that you had reported it the day it happened and you wont win if you didnt git it on a contract

Answer 5

you can sue some 1 for anything, and i do mean anything, whether u win or not is another story,, about 2 years ago my brother in-law got in 2 a wreck where a woman hit him, and she sued him for embarassment, she didnt win of course, but my brother in-law did have 2 go 2 court

Answer 6

There are legal aid offices in every major city that would be happy to help you out, free if you are low income. Check with them, but I would think any Judge will see the unjust actions of this slumlord!

Good thing you weren't out shopping.....;-)

Answer 7

She obviously doesn't have children and is just looking to find a way out of this without having to pay you anything. She just doesn't want them to find out that they weren't keeping the house up to code.

Answer 8

It sounds like it was time to pump the septic tank and someone was waiting for it to overflow so he or she could put the blame on some unsuspecting tenant. Don't take crap from your landlord. (SORRY?)

Answer 9

tell that ***** *** of a landlord what your made of in court and dont forget to point out everything in court best of luck to ya and if things dont work out flood her car of teepee it lol

Answer 10

anyone can sue anybody for anything,repair cost can be one reason, the court will determine if the case has any merit