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Re: Clogged drain pipe - Landlord Forum thread 247919

Re: Clogged drain pipe by Mark on February 11, 2012 @14:11

                              
You do not understand the meaning of "negligence". Negligence is a 'legal cause' of damage if it directly and in natural and continuous sequence produces or contributes substantially to producing such damage, so it can reasonably be said that if not for the negligence, the loss, injury or damage would not have occurred. In making a claim for damages based on an allegation of another's negligence, the injured party (plaintiff) must prove: a) that the party alleged to be negligent had a duty to the injured party-specifically to the one injured or to the general public, b) that the defendant's action (or failure to act) was negligent-not what a reasonably prudent person would have done, c) that the damages were caused ("proximately caused") by the negligence. An added factor in the formula for determining negligence is whether the damages were "reasonably foreseeable" at the time of the alleged carelessness. How would one prove the tenant caused the drain problem without evidence from a reliable source ( a Plumber ), or disprove that the problem existed before and has not gotten worse over time. There is no way one can guarantee that there was no existing problem with the drain. Fixing the drain and explaining to the tenant the problem would go a long way toward tenant retention and a smooth relationship. Too bad this landlord does not realize a few dollars now would save a lot more money latter on.
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Re: Clogged drain pipe by Anonymous on February 11, 2012 @17:03 [ Reply ]
You're ignoring the "res ipsa" cause -- if the plumbing was working prior to tenant's use, the logical assumption is that tenant's use or misuse caused the clog/problem.
    Re: Clogged drain pipe by Mark on February 11, 2012 @18:44 [ Reply ]
    The tenant does not have exclusive control of the drain/plumbing pipes as would be required for this to apply. A Magistrate Judge would not entertain the idea either as the proof would still lie with the landlord.
      Re: Clogged drain pipe by Doug on February 11, 2012 @19:33 [ Reply ]
      Actually, since it's only the sink, and not ALL of the the plumbing, the tenant does, at least in my I'M NOT A LAWYER opinion, have exclusive control. Further it's likely that the the tenant put something down the drain that caused the problem.

      The easy solution is to call a plumber (they're cheaper than a lawyer and far less frustrating), get it fixed, and get a statement as to cause. Further, depending on the state, the tenant may be able to withhold the "reasonable and customary" (or some drivel like that) cost of the repair from the rent if proper procedure is followed. You can usually find that on this site in the landlord - tenant laws for your state.

      Finally, even if you can't withhold the cost of the repair, it's still cheaper to hire a plumber yourself for a clogged drain (ok not necessarily, but likely). AND YOU WONT SHOW UP AS HAVING BEEN TO LANDLORD - TENANT COURT ON THE BACKGROUND CHECK FOR YOUR NEXT PLACE.

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