# need some advise asap



## TallAdam85 (Oct 6, 2005)

Ok i Live in an aparment. So My old toilet seat broke, now i took the old one off and was in the processs of putting the new on on and seen a crack but did not think anything of it so i tigheten the bowl hard and it cracked more so when i losten i hit the bolt to losen and it started cracking even more so now part of it is broken off and the bowel is pretty much bust now do i have to pay since i am renting please help me cause my land lords are not aswering there phone nor door and i am getting pissed at them


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## TallAdam85 (Oct 6, 2005)

anyone there


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## dubljay (Oct 6, 2005)

Yes you will most likely have to pay for the replacement of the toilet.  When the seat broke you should have filled a request for the maintenence staff to come in and fix it... thats what they are there for.


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## TallAdam85 (Oct 6, 2005)

**** i am broke think it will come out of the secrity deposit  instead also any clue on what they cost just the bowl


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## arnisador (Oct 6, 2005)

You can replace it yourself with stuff you can find at Home Depot...but it's not an easy job.

Sadly, trying to be reasonable and fix the seat yourself left you open to having to pay for the damage...calling maintenance would have been the defensive thing to do. Yes, that sucks.


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## shesulsa (Oct 6, 2005)

I'm a landlord. Wanna know what I'd do?

 I'd write it up and submit it as a bill to the landlord.  If you made an attempt to contact the landlord, but were unable, then that means you were left to your own devices.

 I would tell them that when you removed the seat, you noticed the crack for the first time but the fragile bowl must have been cracked for a very long time because it broke when you were simply installing a seat.

 Send it by registered mail, return receipt requested and take a copy of it with a copy of the returned card to the Fair Housing Board and local Rental association.

 You might get your money back and they'll get reported as slumlords.


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## TallAdam85 (Oct 7, 2005)

k thanks alot i think they may fix it i also see bowls at lowes are cheap


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## JAMJTX (Oct 7, 2005)

TallAdam85 said:
			
		

> do i have to pay since i am renting


It depends on the terms of your lease and laws of your state.  The lease can not override your rights under the law.

There are a few problems here.  Did you report the broken seat?  Or just try to fix it yourself?  If you let them replace the seat, they may have seen the crack and replaced the whole toilet.  If your lease required you to report the broken seat and you took it on yourself to fix it, you may have assumed the liability for any damages caused during the repair.

Sure, you did not know about the crack.  But neither did they - unless a previous tenant reported it and they did nothing.  So lets say they claim you negligently broke the toilet when replacing the seat.  It's now your word against thiers that the crack was there before.

Make sure you clearly understand both your rights and obligations under the lease.  Except for emergency repairs that have to be fixed immediately, put all requests for maintenance in writing and get a receipt for it.  And report everything, even if minor, because you will have to pay for it when you move out. 

Send the landlord a written notice of the need for repair and get a return receipt from the post office.  If they try to make you pay for the replacement of the whole toilet you have to decide if it's worth fighting.  You will then need a lawyer.

I am not a lawyer but I do own rental property and worked for a property management company.  All leases that I have seen require the tenant to report all damages immediately and in writing.  Also, the tenant is usually held responsible if further damages were caused by thier delay in reporting it.

In this case, the crack not being reported when it happened caused a worse crack.  What could have been a less expensive repair has now led to a more expensive replacement.  The landlord can liekly argue that you are responsible for the most part of the damages as it was your failure to follow the terms of the lease that delayed the repair.  

I'm not saying it was your fault, because we do not know all of the circumstances.  I'm just speaking hypothetically as an example.  But in the future, protect yourself in these situations before they happen.


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## shesulsa (Oct 7, 2005)

This is excellent advice which you should absolutely follow. But I wouldn't cop to any damage to the bowl and you should at least try what i said.


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## Lisa (Oct 7, 2005)

Adam,

First of all can I just say putting this in Horror Stories is hilarious, thanks for the chuckle.

secondly, living in an apartment I am assuming you only have the one, so fixing it is kinda imparative regardless of who is going to pay for it.  It should really be done ASAP as to avoid any further damage to the surounding area which in turn will cost you more money and more problems.


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## TallAdam85 (Oct 12, 2005)

ok good news i talk to the owner and the toilet was has been here for 20+ years and they said it would not come out of my despoit


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## arnisador (Oct 12, 2005)

Ah, that must be a relief!


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## Cryozombie (Oct 12, 2005)

back when I used to rent an apartment I stabbed my refrigerator and the landlord made me purchase a new one.

 Oops.


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## Don Roley (Oct 13, 2005)

Technopunk said:
			
		

> back when I used to rent an apartment I stabbed my refrigerator and the landlord made me purchase a new one.



Why is it that I did not blink an eye when I read of you stabbing a household appliance?
 :idunno:


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## Gemini (Oct 13, 2005)

Don Roley said:
			
		

> Why is it that I did not blink an eye when I read of you stabbing a household appliance?
> :idunno:


Oh, I'm sure it must have done something to deserve it. 

I have one that's so old and feeble, it's starting to pee on the floor at night.

TallAdam. Glad to hear everything came out all right. That's a long time to hold it.


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## arnisador (Oct 13, 2005)

Don Roley said:
			
		

> Why is it that I did not blink an eye when I read of you stabbing a household appliance?


I assume this was in self-defense.

I took a good piece out of a chair once while doining sinawali indoors.


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## arnisador (Oct 13, 2005)

Gemini said:
			
		

> I have one that's so old and feeble, it's starting to pee on the floor at night.


Our refrigerator has been leaking water and it's driving us crazy! We're renting for the year while I'm visiting in NM, and we're going to have to ask the landlord to replace it.


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## Navarre (Oct 13, 2005)

Our company is preparing to move to a new building. The building is new. The prospective landlords are trying to put in the contract that we are responsible for all maintenance and repair of items such as plumbing, heating/cooling, and water.  They assert that this is standard in a lease.

I think that is ridiculous. They are only making sure the roof doesn't fall in? We have no guarantee towards the quality of the cooling unit for example. That the landlord takes care of such things is one of the main reasons why ppl rent/lease instead of buy anyway.

I think the landlord is responsible for general maintenance of those items unless any damage is shown to be thtrough the action or negligence of the renter. I'm certainly not signing the contract until it is revised.


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## arnisador (Oct 13, 2005)

Standard?!? It sounds very weird to me...they seem to want to shift their responsibilities to your company.


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## Navarre (Oct 13, 2005)

That's exactly my take on it as well. The entire contract was completely biased in their favor. Most things were standard but this was ridiculous, in my opinion.

I've never seen a contract where the lessee was responsible for general maintenance and repair of equipment furnished by the lessor.  I'll work it out or we'll move elsewhere.


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