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Re: Clogged drain pipe - Landlord Forum thread 247934

Re: Clogged drain pipe by Mark on February 11, 2012 @18:44

                              
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.
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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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