If my tenant’s toilet is clogged, who is responsible to repair it?

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If my tenant’s toilet is clogged, who is responsible to repair it?

In the main bath (there is still have a second bath) she insists its been clogged the whole time 2 1/2 months. It wasn’t clogged when I rented it to her. In fact when I showed her the unit her son used it and it was fine. Now she thinks its my responsibility. And in our lease it says that she is responsible. I told her if it is a structural problem I will fix it, but not the clog. But her argument is that it was always clogged. Also, in the lease there is a section stating that everything is in working order. Who is right?

Asked on November 16, 2012 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country a landlord is obligated to make repairs to his or her property such at the landlord's own costs unless the written agreement for the rental says to the contrary. From what you have written, it appears that the landlord is responsible for rectifying the clog.


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