TenantNet Forum

Where tenants can seek help and help others



Water damage questions

Issues unrelated to specific categories below

Moderator: TenantNet

Water damage questions

Postby newToManhattan » Mon Apr 05, 2010 3:11 pm

About a month ago, our toilet overflowed when we were not home. Building maintenance called to ask permission to enter the apartment about 4 hours after we left. They cleaned up the water, unclogged the toilet and replaced a faulty flapper valve on our toilet. The next day we found that the parquet floor was damaged and started buckling. We signed a “Water Conservation Rider” with our lease that says:

2. Tenant acknowledges a running toilet poses a significant flood hazard and further acknowledges he or she assumes all responsibility for damages resulting from an overflowed toilet due to a toilet with running water. Such damages are not limited to tenant's apartment but include any other apartment or building area damaged by overflowed toilet.

3. Landlord acknowledges responsibility for fixtures provided by landlord as specified by main lease.


The building management has told us that the type of parquet flooring originally installed is no longer available and they are going to replace the entire floor with oak plank flooring (> $4200). We checked with our renters insurance and this is not covered. Our questions are:
    -Does the Landlord need to prove that we clogged the toilet?

    -Are we liable for replacing the entire floor?

    -Shouldn’t they use the same class of flooring (assuming parquet is cheaper than plank)?

    -Would it be worthwhile to hire an attorney to help with this or am I at the landlord's mercy because I signed the rider? How should I go about finding an attorney?


Thanks!
newToManhattan
 
Posts: 2
Joined: Mon Apr 05, 2010 2:58 pm

Postby queensborough » Tue Apr 06, 2010 8:04 pm

Was the toilet actually clogged or was the toilet running because of the faulty valve? Your quote from the rider doesn't mention anything about a clogged toilet only an overflowed toiled due to running water. If the toilet was clogged or had running water, did you ever report it to the landlord at any time?
queensborough
 
Posts: 961
Joined: Wed Apr 20, 2005 1:01 am

Postby newToManhattan » Tue Apr 06, 2010 8:57 pm

We were not home when this occurred so we don't know exactly what happened. We don't recall the toilet being clogged or running when we left that day. As we were unaware of any problems when we left that morning, we did not report anything to our landlord.

The maintenance report says that the toilet was clogged and they replaced a flapper valve.
newToManhattan
 
Posts: 2
Joined: Mon Apr 05, 2010 2:58 pm

Postby queensborough » Wed Apr 07, 2010 9:38 am

Since you were not home, how did they know about the water overflow? Was it leaking into an apartment on the floor below you? Someone had to have reported a water leak in order for them to know there was a problem in your bathroom.

Did your toilet run when you flushed it? If the valve was faulty, it would run until you either pushed down the rubber valve or shook the handle several times until it closed.

I wouldn't be so quick to fork over any money yet until you have all the information regarding this situation. If there was a problem with the flapper valve, I don't think that would be your fault, more of a maintenance problem. If the toilet was actually clogged, what was it clogged with?

In my opinion, you would have known it was clogged because the person would have had to flush the toilet to see it was clogged. If this overflow was caused by the faulty valve, how would that make you responsible for replacing the floor? You need to find out exactly what happened.

Parquet floors can be repaired, and yes, they still do make all kinds of parquet floors. I would check into a repair first. Just google parquet floors and lots of places will come up.
queensborough
 
Posts: 961
Joined: Wed Apr 20, 2005 1:01 am

Postby francely » Mon Jan 03, 2011 4:26 am

Almost the same on mine but it happened to my uncle’s house. My cousin had spilled his water on their wood flooring in one of the corner of their house before they left the house for vacation. His parents didn’t know that until they came back after their vacation. They just found out that the floor is damaged (but just a small part) and the only thing they did was telling off their son. Poor son :roll: :roll:
francely
 
Posts: 1
Joined: Mon Jan 03, 2011 4:10 am


Return to NYC General Discussion

Who is online

Users browsing this forum: No registered users and 25 guests