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I am a renter with a faulty toilet overflowed into living room damaging furniture rental company says they are not responsible

Rochester, NY |

the toilet has been having issues that we have complained to the management company about. We unfortunately do not have renters insurance what can we do. I am a resident of the state of New York. They did however replaced the damaged toilet and fixed the ceiling, but now I am out of living room furniture what can we do?

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Attorney answers 2


What does your lease say about responsibility? If no lease, or silent on this issue, they were probably correct to replace the toilet and ceiling and your own insurance (if you had it) would have taken care of your belongings.

I may be guessing or not licensed in your state. No atty/client relationship exists.


First, read your lease and see where liability lies. Toilets usually have water shutoffs below the tank in the wall. Failure to turn off the water when there is an indication of an overflow could be construed as negligence on your part. Most people don't realize how easy it is to remedy a broken toilet. Replacement kits are usually about $20 and instructions are easy to read. Even I can do it!

Actively practicing law in Texas. Inactive licenses in Arizona and Georgia. All answers are general in nature and no attorney/client relationship exists in this forum.