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Who should pay for broken toilet, tenant or landlord?

My son and his family rent a house from us and his wife broke the porcelain top of the toilet. My husband purchased and installed a new Kohler toilet and we're not sure if we should have them pay us back.

I would not consider this to be part of normal wear and tear.

Note: His wife lifted off the top lid to place some kind of deodorizer/cleaner in the tank and when she replaced the lid she hit the top tank and broke a 3' chunk of porcelain off.

6 Answers

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  • ?
    Lv 7
    9 years ago
    Favorite Answer

    Tenant pays. Your dilemma is you rent to your SON. So is the cost of the toilet worth hard feelings in the family. Suck up the cost but remind your daughter in law that in the future she breaks it she pays for it.

  • ?
    Lv 5
    9 years ago

    This is a wobbler. But for sure he should have touched bases with the landlord first and discussed who was responsible and how much should be spent for a new toilet,etc. Chances are that the landlord would have been willing to split the cost. At least your son would have known.

    I'm assuming that he replaced the toilet with a name brand because he A) Couldn't match the toilet lid and B) Got a reasonably good deal on the toilet.

    Bottom line: I think your son is responsible, but that if your landlord plays fair and square he will see that he got a really good deal (a better, new toilet, including installation). Fair is fair. He should chip in, in my opinion.

  • 9 years ago

    A brand new Kohler toilet because of a broken porcelain top ? I would call that 'overkill'. The broken top could have been simply 'super glued'. That being said, the tenant is responsible for the damage caused.

  • R P
    Lv 7
    9 years ago

    You are correct, that is not normal wear and tear. Your tenants are responsible for the cost to replace the tank lid.

    Source(s): FL landlord
  • 9 years ago

    This is an easy one and any judge would agree. The tenant. Why? Because it was broken due to the carelessness of the tenant.

    Source(s): Realtor
  • ?
    Lv 4
    9 years ago

    You will have to pay for it. In fact if you didn't fix it the landlord can charge you with it and dock it from the deposit fee.

    If it's a shabby toilet that's gonna break soon, you should have caught it in the inspection when you moved in.

    You do have a co-signed list of what's already broken or likely to break soon when you first moved in, right?

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