RHOL.ORG :: Tenant-Screening

Ok, here is my situation. This past Saturday, in the early afternoon, I flushed my toilet on the second floor and it overflowed. This was the first time in the 5 months that I have been living here that this has happened. So, within the first 30 seconds, a good amount of water came out. I fixed the toilet issue, and when I was cleaning the floor I noticed that that good amount of water appeared to be a little less than it was before . . . About 30-60 minutes later, I noticed a drip coming from the ceiling on the first floor, directly under the bathroom. I placed a bucket there. About 30 minutes after that, the water created a hole in the ceiling (pin size) and came in in a steady stream for 30-45 minutes- enough to fill half a big bucket. I called a plumber at that point (when the stream started) as I was concerned that the issue was a burst pipe. The plumber came over but could not do anything without cutting a hole in the ceiling to have access to the pipes. As I was the tenant, I could not authorize this, so he left me with an estimate. The next morning, I called the landlord’s wife first thing and told her about the toilet, the water leak and the fear of a burst pipe, and the plumber’s visit. The landlord (the husband that I usually deal with) travels during the weekend. The wife said she was going to come by that day. Later, she called to say she was going to come by with a contractor. She never came by. Her husband called later and when I told him the story, he said it was probably the toilet and he would come by Wednesday. Wednesday morning I called him, and he said he would probably come by, so I left off the house alarm. I called him shortly after 6 p.m. and he said that he had not come by (he mentioned he was dealing with a Christmas tree). Today, Thursday 12/20/07, he stopped by around noon (I left the alarm off again) and notified me that the damage was more extensive than he thought, he would bring a contractor in, the ceiling would need to be replaced in that section, and he would get an estimate. This implied to me that he was going to have me pay for it. When I spoke to him later (after 5 p.m.), he confirmed this assumption. He said since the overflow was because of the toilet, it would be my responsibility as the tenant to repair the damage. I told him that I had never seen that type of water damage from an overflowing toilet and I assmed there was a leak or something in the bathroom to cause the water to drain so quickly and to come out of the ceiling in that 30-45 minute stream (with the sound of water gushing, and fast paced). It literally was a little waterfall. So, the main question is: Is it the tenant’s responsibility to repair (water) damage (to the ceiling) resulting from a toilet overflow? What about major repairs? What about the possibility of a leak in the bathroom? The owner/landlord mentioned in the 7-8 years he was in the house before, the toilet had overflowed, kids had splashed in the tub, but no such ceiling/water issue had ever occurred. My biggest fear is what if this happens again? Am I as the tenant going to be responsible for fixing the ceiling everytime? I am honestly afraid to use that toilet now and to have guests use it. But beyond that, is the toilet overflow a ’tenant’ cause that would except the landlord’s implied warranty of habitability? Please answer this (with any PA case law if possible, for Allegheny County) as soon as possible. I am trying to resolve this amicably with the landlord, if that is possible. Thank you.

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