bathroom repairs/renovations, who pays?

[LEANNE3314]

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

I live in an apartment building, 10 stories, old building. I've had many problems with plumbing since I moved in just over 3 years ago. About a year ago, I came home from vacation to a flooded bathroom. The maintenace people noticed water in the hallway and put up "wet floor" signs but never contacted me or the owner of the condo. Anyway, when I got inside the entire floor in the bathroom was water. Apparently there was leaking from the vanity and toilet, they were both replaced.

Now, onto my current problem. I had maintenance come to my apartment and tell me there was water in the storage unit under me, obviously coming from my apartment. They tightened up some bolts on my toilet. About a week later, they come back at 2am, water in storage again. Bolts are tightened already, so we need to get a plumber in.

I had told my LL about the original visit and she said "make sure the toilet doesn't run", and asked if I had water on the floor at all. I never had water on the floor or noticed a leak or anything. The leaking to the storage unit only occurred when the toilet was flushed.

So, this all caused the floor tiles to start to come up around the toilet, the seal was bad and had to be replaced as well. So, LL had the toilet and vanity removed and new tiles placed.

In the end, she wants to charge me $380 for the toilet seal being replaced. My lease states that I pay any small repairs, under $30, and anything caused my misuse of course. I just can't figure out how a toilet could possibly be mis-used and how this could be my responsibility. We've had a good relationship and I don't want to ruin that, but I also don't think I should pay this. I've been very laidback and easy going through all of this. I allowed them to do the repairs/renovations and didn't have a bathroom at all for 4-5 days.

I would just like to hear some opinions on the matter.

 

[FarmerJ]

You didnt say if you had a fixed term lease or not , if your on a fixed term with some months left before it renews Tell your LL your not responsible for wax ring failure , you used the toilet for the purpose it was designed for and you are not willing to pay for this repair, dont be surprised if the LL wont renew or is upset. Too bad. If your on a month to month rental , your LL only needs to give you proper notice to tell you to leave or increase your rent in order to cover this kind of surprise repair. If LL does increase the rent with proper notice your also free to give proper notice via certified mail to move out. Make sure to carefully document the condition of the unit and to be out on time and take pics showing its condition.

 

[sandyclaus]

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

I live in an apartment building, 10 stories, old building. I've had many problems with plumbing since I moved in just over 3 years ago. About a year ago, I came home from vacation to a flooded bathroom. The maintenace people noticed water in the hallway and put up "wet floor" signs but never contacted me or the owner of the condo. Anyway, when I got inside the entire floor in the bathroom was water. Apparently there was leaking from the vanity and toilet, they were both replaced.

Now, onto my current problem. I had maintenance come to my apartment and tell me there was water in the storage unit under me, obviously coming from my apartment. They tightened up some bolts on my toilet. About a week later, they come back at 2am, water in storage again. Bolts are tightened already, so we need to get a plumber in.

I had told my LL about the original visit and she said "make sure the toilet doesn't run", and asked if I had water on the floor at all. I never had water on the floor or noticed a leak or anything. The leaking to the storage unit only occurred when the toilet was flushed.

So, this all caused the floor tiles to start to come up around the toilet, the seal was bad and had to be replaced as well. So, LL had the toilet and vanity removed and new tiles placed.

In the end, she wants to charge me $380 for the toilet seal being replaced. My lease states that I pay any small repairs, under $30, and anything caused my misuse of course. I just can't figure out how a toilet could possibly be mis-used and how this could be my responsibility. We've had a good relationship and I don't want to ruin that, but I also don't think I should pay this. I've been very laidback and easy going through all of this. I allowed them to do the repairs/renovations and didn't have a bathroom at all for 4-5 days.

I would just like to hear some opinions on the matter.

If there was nothing you immediately noticed (such as water on the floor), then the LL cannot hold you responsible for those repairs needed to restore the floor and vanity. How could you know that the leaking could be caused by the toilet flushing?

Everything you describe sounds like maintenance and repair to me, and nothing sounds like it could be attributed to negligence by you. If the LL believes that the issues were caused by misuse, have them show you the proof. Otherwise, they have no business trying to charge you for repairs that are part of their own responsibility and liability.

 

[LEANNE3314]

I just renewed my lease in August for 1 year. I am definitely not renewing again. This is the second time she tried to get me to pay for something like this, the last time she said I was responsible for the bill for drying the carpet in the hallway outside my apartment. When I asked why I was responsible, she immediately said she would take care of it. That tells me that she tries to get out of paying what is her responsibility if she can.

We went back and forth a couple times, after the last e-mail I sent to her I haven't received a reply, so I'm not sure where she stands now.

If this is settled and she just pays it, would she be able to take that out of my security deposit when I moved out? Obviously I don't think she should be able to, but if she tries to I could fight that?

 

[FarmerJ]

Leanne stop emailing use paper , pen & certified mail. Wax rings fail sometimes. when the time comes to move out , if you rent a self storage for a couple months the first few days of your last month you can take out every thing that would be in the way as you start to clean since it will be easier with fewer things and keep cleaning and taking pics , in the end if you have to challenge her about your deposit she is going to have to PROVE to the courts satisfaction that you are responsible for each item she holds money for and if she holds money for the failed wax ring she will have to prove you caused the damage.