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Home > Law > Real Estate Law   »   blocked toilet - who is liable?

 
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Old Jun 4, 2007, 04:03 PM
pencilnose
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blocked toilet - who is liable?

i am a renter in north carolina. if the upstairs toilet in my apartment blocks up (first time) and floods, leaks through the dry rock ceiling to the floor below, water (sewerage, technically) is coming out the ceiling light and also dry rock is bulging, who is liable for what? the landlord for not having adeqate drainage in the bathroom or me for damages for to the landlord's property? it was accidental blockage as far as i can tell (no sanitory napkins etc), no past history of toilet blockage, but there are previous stains on the ceiling where the bath looks like it may have leaked from a previous tenant.

i've had many landlords in the past, but this one is more truculant than most. i appreciate any advice.

- confused

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Old Jun 4, 2007, 04:45 PM   #2  
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You...you could have IMMEDIATELY turned off the water and mitigated the damage to the landlord's property.

By seeing prior stains, you should have had knowledge and taken better care not to cause the toilet blockage.
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Old Jun 5, 2007, 07:43 AM   #3  
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Cvillecpm,

ahh, hindsight is 20/20 vision, isn't it? i realised where the original stain came from (probably the shower, not toilet, actually, since it was a couple of yards away from the new stain) after the fact. my point is that the landlord has not provided any in-floor drainage to protect himself against such issues. the only place any water on the floor can go is down the walls or hvac vent. some places i have lived in require such an in-floor drain and i am most surprised not to see it in my north carolina apartment. hence the questions.

yes, i realise preventing blockage is my responsibility, but the water tap for the toilet cannot stop the water flowing from the cistern to the bowl once you flush the toilet. i fail to see how i could have stopped the overflow once the toilet was flushed. please clarify your meaning.

thanks.
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