Legal Question in Landlord & Tenant Law in Kansas

I recently moved into a new apartment because of a fire at my previous apartment bldg. The entire bldg burned down. Anyway, about two weeks after I moved into the new apartment we developed plumbing problems in the bathroom. The toilet stopped up. I notified the maintenance man and he tried to fix the problem but couldn't, and he ended up breaking the toilet. The landlady finally called a plumber who came and unstopped the toilet. Now she said I have to pay for the plumber. She said it was my fault because there were tampons stuffed down the toilet. I told her that I didn't use them and hadn't for 20 yes. I am 60 yrs old. Am I liable for this?


Asked on 5/08/16, 3:25 pm

1 Answer from Attorneys
Anthony Smith LawSmith

It is impossible to guess your liability based upon the little information you provided. You should consult directly with a civil practice attorney in your area. They will need to see your lease, and ask yo some questions. If you (or your guests) did not put tampons (or whatever caused a clog) in the toilet, you should not be respopnsilbe for what the prior tenant may have done. But, two weeks seems a long time for a blockage to occur in a toilet that is used regularly. Before you pay, you or your attorney should see the pluimber's report, and possibly speak with them I've seen plumbers use the term Tampon, when they mean some sort of femine hygiene product. It could have been a pad or liner wrapped in toilet paper.. Perhaps there was nothing unusual clogging the toilet, and the landlord is just trying to recoup the money their handyman's incompetence has cost them. It could be that one of yor guests tried to flush something they shouldn't have. You didn't supply enough information to determine your liability. If you can't quickly resolve it on yor own, call and make an appointment with a lawyer in your area.

Good luck

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Answered on 5/10/16, 10:39 am


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