Broken toilet, how long should I wait?

[kkelly1102]

What is the name of your state? Oklahoma

I have been renting a house for the past four years. The house is about 50 years old and the toilet looks to be the original. The tank cracked last night (we think the washers on the tank bolts have corroded away, causing the tank to be unbalanced) and, of course, the toilet is unusable. I called the landlord right after this happened (around 8:45pm) and left a message. No response. I called again at 9:10am this morning, and several times throughout the day. Still no response. How long should I wait before replacing the toilet myself? If I do replace the toilet, can I deduct the repair amount from next months rent? By the way, it's the only toilet in a house with three people. Thank you for any advice that you can give.

 

[danno6925]

There are usually limitations on how long you have to wait for repairs - Not sure about OK, but ten days is generally the number of days after you have certified mail delivered to them. That's after it's received, not sent, BTW.

Since you're getting no response from LL - Send him a certified letter RRR, and state the problem in clear terms, and that it makes the house uninhabitable. If it comes back unopened, do NOT open it. This will become evidence that you tried to contact the LL should things turn ugly and you end up in a courtroom over this.

If you do get into contact with the LL, let him/her know you need an immediate solution - how about a rented portapotty while the repairs are done? Just like an old fashioned out house

 

[acmb05]

What is the name of your state? Oklahoma

I have been renting a house for the past four years. The house is about 50 years old and the toilet looks to be the original. The tank cracked last night (we think the washers on the tank bolts have corroded away, causing the tank to be unbalanced) and, of course, the toilet is unusable. I called the landlord right after this happened (around 8:45pm) and left a message. No response. I called again at 9:10am this morning, and several times throughout the day. Still no response. How long should I wait before replacing the toilet myself? If I do replace the toilet, can I deduct the repair amount from next months rent? By the way, it's the only toilet in a house with three people. Thank you for any advice that you can give.

The landlord is required to fix any problems within 14 days of written notice, however if the problem affects an essential service( such as a commode)It must be remedied as quickly as possible. Now you have to decide what is "as quickly as possible" You also have to notify landlord of problem in writing. If it is not fixed as soon as he possibly can. Then you have four options
1. Upon written notice, immediately terminate the rental agreement; or
2. Procure reasonable amounts of heat, hot water, running water, electric, gas or other essential service during the period of the landlord's noncompliance and deduct their actual and reasonable cost from the rent; or
3. Recover damages based on the diminution of the fair rental value of the dwelling unit; or
4. Upon written notice, procure reasonable substitute housing during the period of the landlord's noncompliance, in which case the tenant is excused from paying rent for the period of the landlord's noncompliance.

A toilet in a one bathroom home is essential. Give written notice and give Landlord 24 hours to fix the problem or you will fix it yourself and deduct it from the rent.

 

[kkelly1102]

Thank you

Thank you to everyone for the advice. Finally got in touch with LL and we worked out a deal for me to have the toilet fixed ASAP and deduct the repair cost from next months rent. Modern plumbing is a wonderful thing. You don't miss it until it's gone!