Toilet stopped flushing - Landlord Forum thread 323684

Toilet stopped flushing by Tati (Ma) on September 2, 2014 @20:16

My Tenant has 7 children.She receives HAP payment in Massachusset and the lease states Tenant is responsible for plumbing stoppage and any spill clean up.Isn't this implying tenant shall pay expenses for service done since the tenant did not prevent the stoppage? The tenant say she does not have money to pay for the plumber. So,I paid the plumber but I told her ,it is cost sharing I pay the visit and you pay the service. It is your responsibility to keep it working and prevent clotting.WHO SHALL BE RESPONSIBLE FOR TOILET flushing Smoothly?
The Tenant? The Landlord or both tenant landlord cost sharing?
Is this clause valid and legal in Massachusset?

[ Reply ] [ Return to forum ]

Re: Toilet stopped flushing by Katiekate (New York) on September 2, 2014 @20:22	[ Reply ]

I think you will have trouble enforcing that rule. Given that she is HAP, I doubt that clause is valid. I had a tenant (in MA) who probably caused the toilet to be plugged up...but...she then continued to flush and flush and flush flooding the bath, then the hallway and finally the carpet in the living room. While the cost of the plugged toilet was not something I could prove was her reaponsibility ....she stood in toilet water and continued to flush causing all the rest of the damage...and she had to pay for that.

Re: Toilet stopped flushing

Re: Toilet stopped flushing by Bill on September 2, 2014 @22:31	[ Reply ]

"Isn't this implying tenant shall pay expenses" A lease should never imply anything. Who is responsible for the toilet not flushing? Who knows? You would need to read your lease. Where was the blockage? You need to pay the plumber and let it go. Let it go.

Re: Toilet stopped flushing

Re: Toilet stopped flushing by Anonymous on September 3, 2014 @17:12	[ Reply ]

What is HAP and dear god please don't let me catch it.

Re: Toilet stopped flushing by Anonymous on September 3, 2014 @17:18	[ Reply ]

You wrote, "... the lease states Tenant is responsible for plumbing stoppage and any spill clean up." That's NOT implied. That's explicit. The fact that is doesn't state "financially responsible" isn't an issue. Unless you stated otherwise, responsible is responsible. Point this out to your tenant, and if she gives you any crap, keep pointing it out to her until she gets it. You're not the one with 7 children stuffing who knows what down the john. Make her pay.