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Replacing toilet broken by tenant, can a plumber be mandated?
During my tenancy, a glass light cover that we did not secure properly after cleaning fell into the toilet bowl and created a small cosmetic yet noticeable defect. There was no water leakage. We agreed as tenants to replace the toilet. The landlord is demanding that we hire a professional to do the job, but replacing a toilet is something simple that I have done before. Is there case law, precedent, or other law that states that he can demand a professional or plumber to do the job? This is in New Jersey, US. Landlord is concerned about water damage if the toilet leaks and believes that a plumber may liability insurance to cover this in such an event.
Edit: I am the tenant. I would like to do the repair myself.
The defect is a hole and cannot be patched. The damage was noted during a move-out walk through. I was under the impression that if a repair needs to be made under these circumstances, then the landlord is obligated to allow the tenant to make those repairs within a certain time frame. Such was the law in St. Louis where I had lived previously.
All of these responses sound reasonable. I was looking at it from the point of view that the job is an easy thing to DIY, and I could save a lot of money in doing this. However, considering liability, I could stand to lose a lot of money should he pursue a suit in the event of a leak. The added cost of the professional is essentially liability insurance on top of the labor.
6 Answers
- coraannLv 77 years agoFavorite Answer
The landlord is correct in requiring a licensed plumber to replace the toilet. He will carry insurance.
The landlord has no idea of your knowledge in being able to do the work yourself. More importantly to
him,is the fact you are not licensed and do have insurance. Legally, it is also to your benefit that you
do not attempt it.
Source(s): Knowledge. - 7 years ago
The landlord has the obligation to fix it, he is allowing you to do the work, he can stipulate that a professional be used.
Think about it this way: You are leaving the building, he is going to own it for the next decade or so, IF (and it is a large if) the toilet does leak after installation, he will be left fixing the leak and the damage the leak caused.. he is only covering his a$$.. which though a pain, is reasonable.
- FrankieLv 77 years ago
Yes, to insure it is done right so if there are problems with it, they can go after the plumber. Most plumbers are licensed, insured, and bonded for liability. You presumably are not. You can have it done by the plumber of your choice or pay the landlord to hire a plumber.
- Cathi KLv 77 years ago
The landlord is under no obligation to let you replace it. Can the defect be fixed without replacing the toilet?
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- R PLv 77 years ago
Yes, your LL can insist that you hire a plumber to do the job properly. He could also insist that you use a plumber of his choosing.
It is definitely to your benefit to pay for a plumber to replace the toilet.
Source(s): FL landlord - Anonymous6 years ago
IT is your land ,lord obligation because if you hire a plumber and things goes not good then you will be responsible for damages.
