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Posted by BB on February 28, 2002 at 23:23:26:

In Reply to: Getting billed for plumbing repair?!?!?!?!?! posted by Kara on February 28, 2002 at 21:24:34:

Not a lawyer, just giving an opinion...
To my knowledge, unless the overflow was due to your (or guests) negligence or direct fault, you don't owe a cent. Sounds like the plumber may have said it was. Hopefully, you can prove it wasn't your fault, or they can't prove it was.
You may want to examine the actual plumbing bill to see exactly what work was done or ask mgmt. exactly what was done. Then call a couple other plumbers and ask how that type of problem is usually caused, is it common in buildings your size etc...Keep a record of who you speak to, time, date and what they say. Pay your rent minus the repair bill and send mgmt. a letter (use cert. of mailing) stating that you did not cause the damage and therefore are not responsible for the cost. You may want to use some of the technical terms the other plumbers used.
Worse comes to worse, they can sue you in small claims court for the amount. If so, the onus is on them to prove you caused the damage.
Best of Luck!

: Hi,
: I live in the suburbs of Albany, NY in a complex that is about 30-35 years old w/about 400 apartments, not rent stabalizied or anything. It's a one bedroom apartment and it's on a man made lake.
: My question is:
: We were staying at a relatives house 2 weeks ago. My fiancee came over to our apartment on 2/16 (Saturday night) to pick up some clothing items. He noticed there was human feces all over the bathroom floor, all filled up in the toilet and overflowing out of the toilet. We called the maintenence guys they came to fix it. They didn't come back in for 2 more days to even clean the mess.

: Fast forward to today: I opened my rent bill, there is a $270 plumbing repair bill!!!!!!!!!! What the #$%^???? Do I have to pay this? It's possible that this is a mistake, but i'd like to know what my rights are before I even bring it to managements attention.We'd had problems w/the toilet making gurgling sounds (like air bubbles coming up) in the past and the bathtub not draining.

: We have a one year lease that is up in August...

:
: Thanks in advance!!

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Comments:
: Not a lawyer, just giving an opinion...
: To my knowledge, unless the overflow was due to your (or guests) negligence or direct fault, you don't owe a cent. Sounds like the plumber may have said it was. Hopefully, you can prove it wasn't your fault, or they can't prove it was.
: You may want to examine the actual plumbing bill to see exactly what work was done or ask mgmt. exactly what was done. Then call a couple other plumbers and ask how that type of problem is usually caused, is it common in buildings your size etc...Keep a record of who you speak to, time, date and what they say. Pay your rent minus the repair bill and send mgmt. a letter (use cert. of mailing) stating that you did not cause the damage and therefore are not responsible for the cost. You may want to use some of the technical terms the other plumbers used.
: Worse comes to worse, they can sue you in small claims court for the amount. If so, the onus is on them to prove you caused the damage.
: Best of Luck!

: : Hi,
: :    I live in the suburbs of Albany, NY in a complex that is about 30-35 years old w/about 400 apartments, not rent stabalizied or anything. It's a one bedroom apartment and it's on a man made lake.
: : My question is:
: :    We were staying at a relatives house 2 weeks ago. My fiancee came over to our apartment on 2/16 (Saturday night) to pick up some clothing items. He noticed there was human feces all over the bathroom floor, all filled up in the toilet and overflowing out of the toilet. We called the maintenence guys they came to fix it. They didn't come back in for 2 more days to even clean the mess. 

: : Fast forward to today: I opened my rent bill, there is a $270 plumbing repair bill!!!!!!!!!! What the #$%^???? Do I have to pay this? It's possible that this is a mistake, but i'd like to know what my rights are before I even bring it to managements attention.We'd had problems w/the toilet making gurgling sounds (like air bubbles coming up) in the past and the bathtub not draining. 

: : We have a one year lease that is up in August...

: : 
: : Thanks in advance!!


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