Floor Problem (apartment, lease, tenant, rental property)

[cottonwood2420]

Hi, Tonight the Manager/Maintenance worker came over to my apartment and said that water was leaking down below to the neighbors. I went back to my two bathrooms and neither of the toilets were clogged and the tile in both rooms was not wet. Called the Manager back a few minutes ago and he said that the problem was internal then and the water was soaked through the floorboards probably.


They are coming over tomorrow to check both bathrooms and see it that is what it is. The same thing happened about six months ago in the main bathroom and they replaced the entire floor in there. They didn't replace the other bathroom because they thought the floor would survive. He said it was my fault. Six months ago when it happened there was a different Manager and she didn't put me at fault. Am I liable? Thoughts? For the record: The building is 21 years old, so wouldn't things start to fall apart in a building after that long?

[Ultrarunner]

Does not sound like the person your dealing with has much rental property management skills.

It is a big mistake to make an accusation of damage without having the proof to back it up.

21 years old does not necessarily indicate the plumbing is on the verge of failure. In your defense, you can easily point out that this is not a new problem and the building maintenance records can back you up.

I can't see where you have any culpability unless, you have been negligent by over filling the tub or responsible for obstructing the toilet. Even toilets are designed to contain one flush without over filling... they generally will only flood when plugged and flushed more than once.

Tub overfills are totally negligent as well as toilets obstructed by foreign objects... anything else is a building issue and unless you were involved in constructing the building... well you get my point.

Effective maintenance personnel solve problems as opposed to creating them.

Be polite and document everything. I'm sure cooler heads will prevail.

My best guess is either a leaking toilet flange, leaking tub P-Trap or concealed waste of potable water pipe.

[cottonwood2420]

Originally Posted by Ultrarunner

Does not sound like the person your dealing with has much rental property management skills.

It is a big mistake to make an accusation of damage without having the proof to back it up.

21 years old does not necessarily indicate the plumbing is on the verge of failure. In your defense, you can easily point out that this is not a new problem and the building maintenance records can back you up.

I can't see where you have any culpability unless, you have been negligent by over filling the tub or responsible for obstructing the toilet. Even toilets are designed to contain one flush without over filling... they generally will only flood when plugged and flushed more than once.

Tub overfills are totally negligent as well as toilets obstructed by foreign objects... anything else is a building issue and unless you were involved in constructing the building... well you get my point.

Effective maintenance personnel solve problems as opposed to creating them.

Be polite and document everything. I'm sure cooler heads will prevail.

My best guess is either a leaking toilet flange, leaking tub P-Trap or concealed waste of potable water pipe.

Thanks. To make matters worse, he had us turn the water off on both toilets and told us not to go to not use them until Maintenance comes tomorrow between 10 AM and 2 PM (Make me wait around all day). What does he expect us to do?

[Ultrarunner]

Originally Posted by cottonwood2420

Thanks. To make matters worse, he had us turn the water off on both toilets and told us not to go to not use them until Maintenance comes tomorrow between 10 AM and 2 PM (Make me wait around all day). What does he expect us to do?

I would have asked if he was leaving the door open to his apartment for Nature's Calls.

In all seriousness, things do happen. I had a serious water problem that required disabling the only toilet at 7 pm on a Saturday night. The problem was a cracked cast soil stack that would leak raw sewage when flushed and no way was the tenant responsible.

I gave the family the keys to a vacant unit for toilet privileges along with a Chevy's restaurant gift certificate for goodwill. The family was concerned about missing Sunday Church services until I promised to not let anyone in the apartment unless I stayed with them.

Things do happen, but how it turns out has everything to do with the way management responds.

You could go the rent reduction route or even break your lease if the repairs drag on or the problem is on going and you did not cause the damage.

[nativeDallasite]

Originally Posted by cottonwood2420

Thanks. To make matters worse, he had us turn the water off on both toilets and told us not to go to not use them until Maintenance comes tomorrow between 10 AM and 2 PM (Make me wait around all day). What does he expect us to do?

You're kidding. That's not even legal in this state. You can't collect rent on a property that does not have a working toilet.

[Poltracker]

Make sure you document the current conditions with photographs, so you can show it is not your fault.

[cottonwood2420]

Everything turned out all right. They still don't believe me and still say there was a flood (There was not) but they aren't going to charge me. They drilled holes in the ceiling downstairs and got the water out that way.

[cottonwood2420]

UPDATE:

The apartment below me started to flood again two days ago. One again they said it was my fault until they checked things out. A new maintenance guy came up and drilled a hole in the ceiling downstairs and had me flush both toilets and he saw that there was no water under my toilet but the water was leaking out of the pipes. The next day, he came back with two more guys and they said that the pipes were corroded and that all three floors were completely flooded. They said that it happened because the pipes were frozen last week during that snowstorm (Another storm is coming in for the next week). They had to replace all of the plumbing in the whole building and they demolished my wall. They are coming back tomorrow to seal the walls and finish the project. That is why I am moving.

[Ultrarunner]

You have been more than patient... had I been the Landlord the least I would have offered would have been a rent moratorium during the repairs and an extra 30 days for your troubles.

Frozen pipes can and do happen, but there reaches a point where it is not your problem and we have past that point a long time ago.

Best of luck in your new place. If nothing else, you will have some stories to tell about your experience.

[cottonwood2420]

UPDATE:

Sorry, another development. On Christmas Eve, the Maintenance guy knocked on the door and came in to check the bathrooms again. He said that there was another leak downstairs. He turned off the water. He was in and out from 10 AM-2 PM when he finally came back and declared that the tubing or something on their pipes that they put in last week were not tight enough and there was never a leak. He fixed that and left.