Hello.. Our toilet overflowed and ruined pretty much all the carpet in the apartment. It got partially into every room and has molded over in a few days and is very uncomfertable to live in. It smells very bad, my throat is hurting and I feel kind of sick. Unfourtunatly this happen TWO weeks before I am moving out! And I don't think I could live another day like this!
Pretty much I think the carpet is going to have to be replaced... Plus trying to fix the problem seems pretty stupid because the carpet was already VERY old, gross and worn out... '
But I could hire Chem dry to come out and chemical treat the affected carpet for around 200$ but that is still not guaranteed to fix the problem and I think the landlord will probably replace the carpet anyway even if I did that and charge me for it. (that's my fear anyways)

Now I read this thread:
https://www.askmehelpdesk.com/real-estate-law/paying-damage-carpet-36768.html

And as I said when I moved in the carpet was stained, cigarrette burned and worn out. I am assuming it's at least 5 years old. So I hear you should only pay a portion of the cost. How much should I agree to pay to replace the carpet? Should I wait two weeks till I move out and get all my furniture out and just live miserably for two weeks? Or should I just have them change it now so I can breath (literally)? Or Should I chemical treat the carpet hiring someone myself and cross my fingers the landlord will accept that?

Check your lease but I don't see how the replacement or cleaning expense is yours. The cost should be born by the landlord.

Hello abigail:

I think the issue here is, who is responsible for the toilet overflowing. Apparently, you think you are. However, ballenger thinks you may not be. I don't know.

But, before I can tell you what to do, I need to know if you are, FOR SURE, responsible for the overflow, and I need to know what you did about it. Apparently, you DIDN'T contact the building. That's not good.

Ok, I changed my mind. If YOU think you're responsible, then I'm not going to argue with you.

Move out if you want. But, it won't change your legal status with the building. You're going to owe rent for the two weeks. YES, you should absolutely let the landlord know what's going on. You're going to have to deal with him eventually, why not now? You read the thread. You know your rights. Let's not assume that he's going to cheat you.

excon

Hello abigail:

I think the issue here is, who is responsible for the toilet overflowing. Apparently, you think you are. However, ballenger thinks you may not be. I dunno.

But, before I can tell you what to do, I need to know if you are, FOR SURE, responsible for the overflow, and I need to know what you did about it. Apparently, you DIDN'T contact the building. That's not good.

Ok, I changed my mind. If YOU think you're responsible, then I'm not going to argue with you.

Move out if you want. But, it won't change your legal status with the building. You're going to owe rent for the two weeks. YES, you should absolutely let the landlord know what's going on. You're going to have to deal with him eventually, why not now? You read the thread. You know your rights. Let's not assume that he's going to cheat you.

excon

Well It was my fault the toilet got clogged. (too much toilet paper) but the reason it OVER flowed was because the tank handle mechanism doesn't work... Instead of stopping flow after a full bowl the tank just always flows.. which is OK when your toilet isn't clogged...

BUt I never bothered to notify them about it... which I guess would be my fault...

So I guess all in all it's probably my fault?

Ok your right.. I'm going to have to deal with this eventually anyway.. so yeah might as welll take care of it now.. :( Ok.. I dred this.. I'm going to call them...

OMG she was such a psycho! She refused to replace it before I left! She said its not cost effective for her too put new carpet in now and then it might get dirty again 17 days from now... Blah..

I am still only going to pay for a portion of the carpet.. it was in poor condition.. and I will take a picture of it before I cut out the bad moldy part. I am just going to cut it out... I think.. SO I can at lease live there for the last few weeks.. WHY THE hell does this happen now!

Relax, take a deep breath and lets see if we can look at it rationally. Cutting a hole or section out of the carpeting is not the answer. Putting new carpeting in the apartment NOW, is really not the answer. The landlord is going to be in the apartment after you leave. First thing she is going to do is re-paint the unit. Putting new carpeting in and then painting is going to cost more than painting and then putting in new carpeting. I too would be saying, no carpet replacement right now.

Do you have renter's insurance? If so, this is an obvious claim. You admit it was caused by too much toilet paper in the toilet. See if the insurance will cover a tenant caused claim.

What do the floors look like under the carpet? Could the carpeting and padding be rolled up and thrown out? Would you be willing to live with the floors uncarpeted until you leave?

Let's get down to the law: Even though your action caused the damage, it is the landlord's responsibility to keep the property liveable. Leaving wet carpeting and padding, smells, and an opportunity for mold to grow is not legally acceptable. (Heaven knows what kind of damage is being done to the floors under the carpeting.) The landlord has to deal with this now, not after you move out. Your responsibility is to tell the landlord there is a problem. It is the landlord's responsibility to fix the problem. If the problem was caused by the tenant, the landlord should bill the tenant for the damage. Whether the toilet paper clogging or the handle not responding caused the problem is anyone's guess.

CALL the landlord and discuss taking up the carpeting or bringing in fans to dry the carpeting. Do not do anything without the written consent of the landlord.

What is your financial responsibility? Since the carpeting is not new, you can't be charged for new carpeting. The landlord is going to have to prove just how old that carpeting is. You could be held responsible for a portion of the cost of replacement, based on the age of the carpeting and its original cost. How old is the carpeting? The padding has probably been used several times and the cost should be negligible.

Health concerns: There is a smell. I understand that. If old enough, the carpet could have a jute backing. Jute will smell when it gets wet. Most carpets do not have a jute backing, but if this is really old, it may. Your landlord could always rent large fans to dry out the carpeting. What a waste of money, if you are only going to be there for a short time. Work with the landlord. By doing so, you both will save money.

Relax, take a deep breath and lets see if we can look at it rationally. Cutting a hole or section out of the carpeting is not the answer. Putting new carpeting in the apartment NOW, is really not the answer. The landlord is going to be in the apartment after you leave. First thing she is going to do is re-paint the unit. Putting new carpeting in and then painting is going to cost more than painting and then putting in new carpeting. I too would be saying, no carpet replacement right now.

Do you have renter's insurance? If so, this is an obvious claim. You admit it was caused by too much toilet paper in the toilet. See if the insurance will cover a tenant caused claim.

What do the floors look like under the carpet? Could the carpeting and padding be rolled up and thrown out? Would you be willing to live with the floors uncarpeted until you leave?

Let's get down to the law: Even though your action caused the damage, it is the landlord's responsibility to keep the property liveable. Leaving wet carpeting and padding, smells, and an opportunity for mold to grow is not legally acceptable. (Heaven knows what kind of damage is being done to the floors under the carpeting.) The landlord has to deal with this now, not after you move out. Your responsibility is to tell the landlord there is a problem. It is the landlord's responsibility to fix the problem. If the problem was caused by the tenant, the landlord should bill the tenant for the damage. Whether the toilet paper clogging or the handle not responding caused the problem is anyone's guess.

CALL the landlord and discuss taking up the carpeting or bringing in fans to dry the carpeting. Do not do anything without the written consent of the landlord.

What is your financial responsibility? Since the carpeting is not new, you can't be charged for new carpeting. The landlord is going to have to prove just how old that carpeting is. You could be held responsible for a portion of the cost of replacement, based on the age of the carpeting and its original cost. How old is the carpeting? The padding has probably been used several times and the cost should be negligible.

Health concerns: There is a smell. I understand that. If old enough, the carpet could have a jute backing. Jute will smell when it gets wet. Most carpets do not have a jute backing, but if this is really old, it may. Your landlord could always rent large fans to dry out the carpeting. What a waste of money, if you are only going to be there for a short time. Work with the landlord. By doing so, you both will save money.


Thanks for the advice...

I don't have renters insurance.. I didn't even know it exsist before now. Ahh!

She could make it livable now but that I would have to pay the extra cost (recleaning it again after I leave or carpet cleaning etc) So I suppose she could make it 'livable' now but I would have to pay for it pretty much. Which I don't want to do.

I told her over the phone that I would cut out the section that is effected because it is hurting my health. (my throat got REALLY sore and painful from breathing it in) and she was like 'do whatever you want'... So I should get a written agreement before I cut it out? Even though I already told her on the phone? I don't want to contact her again.. :( she was so rude... and scarry. I don't care if I have no carpet for a while.

I think the cheapest option for me is to just have them replace it after I leave let them take it out of my deposit ($750) and send them a letter that I will only pay a portion of the replacement cost of the carpet because of its condition if the cost exceeds $750.

I don't care about the deposit. I hope they just take it and leave me alone and don't charge me anything more then that.

Don't remove the carpeting. This is NOT your obligation. CALL the landlord and let the landlord perform her legal obligation by removing the carpet for you, if that is how the landlord wants to solve the problem. The property is damaged and you have notified her of the damage. Now it is up to her to repair the problem. I am afraid if you remove the carpeting, she is going to charge you for the full carpeting, saying later that she could have had the carpeting cleaned and it would have been as good as new. Don't worry about her personality. You will be gone in a few weeks and this will be all over. Spending $750 that you shouldn't have to spend just isn't realistic. Don't let her bully you into paying for her carpet!

You caused the overflow AND never identified the problem with the toilet to your landlord...

You SHOULD have had the water EXTRACTED at your own expense so the mold would stop growing AND then put portable fans on in the rooms where the carpet was wet... there are ENTIRE companies who would have done this work for you and SAVED the carpet.