If my tenant’s toilet is clogged, who is responsible to repair it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my tenant’s toilet is clogged, who is responsible to repair it?
In the main bath (there is still have a second bath) she insists its been clogged the whole time 2 1/2 months. It wasn’t clogged when I rented it to her. In fact when I showed her the unit her son used it and it was fine. Now she thinks its my responsibility. And in our lease it says that she is responsible. I told her if it is a structural problem I will fix it, but not the clog. But her argument is that it was always clogged. Also, in the lease there is a section stating that everything is in working order. Who is right?
Asked on November 16, 2012 under Real Estate Law, New Jersey
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country a landlord is obligated to make repairs to his or her property such at the landlord's own costs unless the written agreement for the rental says to the contrary. From what you have written, it appears that the landlord is responsible for rectifying the clog.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.