Legal Question in Landlord & Tenant Law in California

Is it legal for a landlord to pass off a plumbing charge to the tenant given the following circumstances.

I called the manager to inform her of a clog in my bathtub drain. Water was backing up into my bathtub. The manager informed me that nothing could be done until the following day.

I called a plumber of my own. He came by and noticed that my drain and pipes were old and told me that it is possible to break the pipes if you go too hard. So he snaked the drain with the smallest cable he had. It did not work, so i was not charged.

Later that night, half the building did not have hot water, so the buildings plumber was called out. While he was hear, he decided to snake my drain with a bigger and longer snake. It did not work, so he had to come back the next day with and even bigger and longer snake. At this point, he went under the building and noticed a break in my waste and overflow pipe, so he replaced this.

Now almost a month later, the landlord is being billed for the replacement of the pipe, and is passing the bill off to me as negligence on my part, because the buildings plumber says it was not them, but MY plumber that broke the pipe.

However, it is not possible to find out which of the plumbers actually did it, as the both had worked on it before the break was found.

Is is legal for the building to place the blame on me and have me pay the bill?


Asked on 6/27/11, 10:59 pm

1 Answer from Attorneys
David Gibbs The Gibbs Law Firm, APC

This is one of those situations where there is going to be no "bright line" or clear answer. Somewhat like a case that comes down to "he said, she said," this is going to depend upon who can prove their case.

That being said, there may be a bias against the landlord right from the start if your plumber is willing to testify that the pipes were so old that there was no way to clear the drain without damaging the pipes. The lack of maintenance and fragility of the pipes is something that will weigh in your favor, assuming this ever goes before a judge.

I would suggest that in writing you advise the landlord that you are not liable as your plumber was extremely careful, and willing to testify that he did not cause the leak. If they want to push this, make them take you to court in which case it will be in the hands of a judge who will decide whose story makes more sense and who is more likely to be right. The other option is to pay the bill and avoid becoming adversarial with your landlord. It is never good to become crosswise with the person from whom you rent your home. At some point, perhaps not today, they will find a way to get rid of you, especially if you are a month-to-month tenant.

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Answered on 7/11/11, 3:53 pm


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