toilet overflow (by Sandy [NJ]) Nov 6, 2013 5:32 PM
toilet overflow (by Frank [NJ]) Nov 6, 2013 5:44 PM
toilet overflow (by JM [CA]) Nov 6, 2013 5:47 PM
toilet overflow (by Coplin [CA]) Nov 6, 2013 5:50 PM
toilet overflow (by Sandy [NJ]) Nov 6, 2013 5:57 PM
toilet overflow (by Nellie [ME]) Nov 6, 2013 6:01 PM
toilet overflow (by S i d [MO]) Nov 6, 2013 6:15 PM
toilet overflow (by Sandy [NJ]) Nov 6, 2013 6:27 PM
toilet overflow (by V [OH]) Nov 6, 2013 8:04 PM
toilet overflow (by AllyM [NJ]) Nov 6, 2013 8:07 PM
toilet overflow (by BillS [CO]) Nov 6, 2013 9:28 PM
toilet overflow (by don [PA]) Nov 7, 2013 8:24 AM
toilet overflow (by Robert Phaedra [NY]) Nov 7, 2013 11:02 AM
toilet overflow (by Sandy [NJ]) Posted on: Nov 6, 2013 5:32 PM Message:
State Specific Question About: NEW JERSEY (NJ)
If a second floor tenant (without rental insurance) floods the apartment below them by clogging the toilet and having it overflow for 4 hours who is libel for the first floor ruined furniture. The first floor doesnt have renters insurance either. --68.194.xx.xxx |
toilet overflow (by Frank [NJ]) Posted on: Nov 6, 2013 5:44 PM Message:
The person that caused/did the damage should bear the burden. Does your lease require renters insurance? I cannot see how this should be your problem.
What I suggest is that you get some sort of paper trail that spells out the situation. Have it done by a professional [say the plumber] with foto evidence if possible to prove that you had nothing to do with creating the problem.
Let the 2 of them fight it out in court. The one who is damaged may try and sue you. Having followed the above suggestion will save your bacon in Court way before you might need the evidence. Be proactive. --70.192.xx.xxx |
toilet overflow (by JM [CA]) Posted on: Nov 6, 2013 5:47 PM Message:
So if the toilet was plugged that would not cause it to continually overflow for 4 hours. It would have to have a faulty flapper (letting water go into the bowl)or the shut off valve not sealing (letting the water continue to go into the bowl by the overflow). Have you had high water bills (indicating the issue has been going on for awhile). Seems like it may be your problem.
Was no one home to turn off the water, it did not plug itself.
Good luck
--76.247.xxx.xx |
toilet overflow (by Coplin [CA]) Posted on: Nov 6, 2013 5:50 PM Message:
If the plumber report documents upstairs T caused blockage & he failed to call you about the overflow, he is responsible for the below T damage. Your fire insur. will fix up your property damage & go after the upstairs T for reimbursement.
You just concentrate on getting the 2nd floor T out & repairing the property damage. --71.177.xxx.xxx |
toilet overflow (by Sandy [NJ]) Posted on: Nov 6, 2013 5:57 PM Message:
I would let them fight it out in court except upstairs is Sec. 8 and has no money. First floor is TRA and her attorney said I have to pay for all her funiture.
My attorney said it was 2nd floor negligence and they are libel. Who is Libel? The plot will thicken tomorrow after more attorney consults. --68.194.xx.xxx |
toilet overflow (by Nellie [ME]) Posted on: Nov 6, 2013 6:01 PM Message:
I think you may spend more in attorney fees than the cost of the furniture. (Depreciated value may apply here, like if they damaged your carpet.) --70.16.xx.xxx |
toilet overflow (by S i d [MO]) Posted on: Nov 6, 2013 6:15 PM Message:
Fix the damages to your property due to overflowing toilet. Bill upstairs tenant. If they don't pay, evict them.
Tell tenant downstairs to sue upstairs tenant. There is no way you are responsible for their stuff, which is what your lease SHOULD say (if it doesn't, fix it today). But even if it doesn't say it, that's why renter's insurance exists. Unless the downstairs tenant proves your negligence caused the damages, it's unlikely they'll win. --108.250.xxx.xxx |
toilet overflow (by Sandy [NJ]) Posted on: Nov 6, 2013 6:27 PM Message:
Can a landlord add an addendum to an existing lease as long as the tenant is willing to sign. My lease indemnifies me from the damage but the tenant's attorney sees it differently. --68.194.xx.xxx |
toilet overflow (by V [OH]) Posted on: Nov 6, 2013 8:04 PM Message:
The lower tenant bill the upper tenant from the estimates to clean the damages, if they choose to involve you contact you housing case worker - I would make contact anyway. Unless the lower tenant can prove negligence you are not in the picture - exclusive use of unit/plumbing. --75.94.xxx.xxx |
toilet overflow (by AllyM [NJ]) Posted on: Nov 6, 2013 8:07 PM Message:
Like JM said, it's not a clogged toilet running for four hours unless someone kept pushing on the flush handle for four hours.
If there is a clog and the flush valve goes bad and keeps running, that could cause an overflow.
If the water connection is faulty and breaks off, that could cause a flood. Tenants cat was working on one in their apartment and I had it replaced with the braided metal ones right away.
If there is a clog and the flapper hangs up and stays open that can cause an overflow.
I would have been up there looking myself if that happened. It did happen when an upstairs tenant forgot to buy TP and her child son used paper towels. But there was one flush, not four hours.
An actual adult teacher clogged a sewer with paper towels also once and didn't know they couldn't be flushed.
--69.142.xx.xxx |
toilet overflow (by BillS [CO]) Posted on: Nov 6, 2013 9:28 PM Message:
Of course DS tenant's attorney sees it different. That is what they are paid to do. Call your insurance and have them start fixing. Get it dried out or hear the M word. It'll be cheaper for all if everyone fires their attorney. --172.56.xx.xxx |
toilet overflow (by don [PA]) Posted on: Nov 7, 2013 8:24 AM Message:
FYI, whether a party has insurance or not has nothing to do with their liability legally (although some judges act like social workers and will be more likely to put liability on someone who is not paying out of pocket) --68.81.xxx.xxx |
toilet overflow (by Robert Phaedra [NY]) Posted on: Nov 7, 2013 11:02 AM Message:
Your insurance will pay for all of the water damage to YOUR property, minus your deductible. The tenant's possessions are not your responsibility, and your insurance won't pay for them. That is why your tenants should have renter's insurance. Exactly for things like this. If they don't, that is their problem, not yours. My lease states that I am in no way, ever, under any circumstances, responsible for any damage to my tenant's property, ever. --134.179.xxx.xxx |
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