Legal Question in Civil Litigation in California

I would call your renter's insurance carrier right away. They will take care of all the adjusting and dealing with your landlord's insurance company, so you won't have to take the landlord to court.

It depends on the cause of the problems. If it is a defect in the plumbing, such as roots in the line or rusted out pipes, the renter is not responsible. If the renter has put things down the toilet that clogged it up, the renter is responsible. Most people put things down their toilet that don't belong there. Feminine products are the number one culpret, but kleenex is also not designed to adequately disintigrate if flushed, Q-Tips, cleaning wipes, anything other than food that has already been chewed and swallowed, and TP, has the potential to clog a toilet. So the source of the clog will determine who is responsible.