Can the landlord make us have to pay for all plumbing repairs or can we insist on a professional plumber checking the problem first?

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Can the landlord make us have to pay for all plumbing repairs or can we insist on a professional plumber checking the problem first?

We rent an apartment and have always had trouble with the toilet flushing. Sometimes my husband is able to get it working by turning the bathtub on to create different pressure. Often we have to call the landlord for maintenance. We get charged a lot for each visit. We think there’s a problem with the plumbing but the landlord thinks we are the problem. He has suggested we try a different type of toilet if I agree to pay half the purchase price and install fees, as well as agree that if we continue to have problems I won’t argue about paying the plumbing. Can he do this?

Asked on August 10, 2012 under Real Estate Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether the costs of repairs fo the plumbin is your charge or the landlord's depends upon what the written lease states on the subject assuming you have on. If you do, you need to carefully read its provisions in that the subject as to who bears the costs of the repairs. If the lease is silent as to the issue, then the landlord should pay for the repairs if the plumbing issues are not caused by any negligence on your part.

I suggest that you have a professional plumber look into the situation first and stick to your guns.


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