Can my landlord charge me for a leak I already told them about?

[roxygirl2010]

What is the name of your state (only U.S. law)? Pennsylvania

I live in Philadelphia, Pennsylvania in a house converted into apartments. The house was neglected by the previous owner and there is a lot of work to be done on the house. We recently came home to find our bathroom flooded due to the toilet leaking. I had complained about the toilet having issues before this happened and nothing was really done to rectify the issue. I got a call telling me that water leaked into the downstairs business and I got an invoice for the damages and labor. We do not yet have a new lease for the apartment, we have new owners as of October 2011. I do not feel that this was fair to charge us for damages that could have been prevented by fixing the problem in the first place. I have also asked many times for a lease and they tell me that the lawyer has not drawn it up yet. In the lease it would state what we are responsible for as far as utilities and damages. Any advice on this matter would be helpful.

 

[Searchertwin]

I had complained about the toilet having issues before this happened and nothing was really done to rectify the issue. I got a call telling me that water leaked into the downstairs business and I got an invoice for the damages and labor.

If you never sent the complaint by a crr letter, than you have no proof that you complain about the issue. LL can say he never knew. That is why you are being charged for the damage.
Always put complaints in a crr letter to protect yourself in cases like this.

We do not yet have a new lease for the apartment, we have new owners as of October 2011

.
Not getting your lease is your problem. New or old owners, makes no difference.
Next time, if LL comes with only one lease, ask him to come back with a copy for you to sign along with his. If he refuses, than that should be a sign for you to walk away.

 

[roxygirl2010]

Renters Insurance

Shouldn't the business below us have renters insurance? I would have thought if they did it would have covered the damages.

 

[Banned_Princess]

Shouldn't the business below us have renters insurance? I would have thought if they did it would have covered the damages.

that wont cover the structural damage.

thats why YOU should have insurance, you cant go around demanding other people have insurance, when you don't.

 

[roxygirl2010]

Structural Damages

The damage caused by my toilet could have been prevented. I emailed the landlord telling them whatever they said they fixed did not work. When the toilet flushes it gurgles up into the shower and sink. The flood was from this happening one too many times.

 

[Gail in Georgia]

"The damage caused by my toilet could have been prevented. I emailed the landlord telling them whatever they said they fixed did not work. When the toilet flushes it gurgles up into the shower and sink. The flood was from this happening one too many times."

Your story has changed a bit. Initially you stated nothing was done to fix the problem. This would imply that your landlord/management ignored any requests to address the issue. This does not appear to be the case.

The damage was not done by a "leak" (i.e., a toilet no longer sealed to the flange ring on the floor) but rather a toilet that overflowed. The landlord/management is going to claim that you caused the overflow by clogging the toilet and initiating the flooding.

Gail