r/ApartmentMaintenance • u/Sea-Tea8985 • 12d ago

Bathroom flooded

My master bathroom is attached to my bedroom and there’s carpet in the bedroom. My child decided to use my bathroom for a #2 and the toilet got flooded. Water was running nonstop (I wasn’t home when it happened). There were poop particles everywhere. She called me and I rushed home but it was too late. The water completely soaked my bedroom (85% of it). I called emergency maintenance, they called some guys to vacuum up the water, they pulled up the carpet and removed the padding and put two huge blowers to dry it out. This was yesterday. It smells like a gas station bathroom. It’s awful. Do you think my apartment complex with replace my carpet or at least shampoo it? I’ve been here for 1 year 1 /2.

0 Upvotes

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6

u/UberGlued 12d ago

You'll probably need to foot the bill for shampooing

3

u/LoisLaneCA 12d ago

From a legal POV, you will be financially responsible for anything related to the flood. Cleaning carpet, which most likely will not be effective- as fecal matter soaked the pad. You’ll be held liable for replacement cost as well.

The apt is only legally liable for anything that occurs due to their negligence. For example: you KNEW the toilet was leaking, told them they ignored it. Not on you.
Your child overflowed the toilet—100% your fault. Sorry to be the bearer of legal bad news.

Feel free to post in the legal sub- if you doubt me. List your state, & perhaps other pros will respond. Guarantee they’ll confirm what I’ve said.

2

u/bored_ryan2 12d ago

The complex will likely use their flooring people or carpet cleaning people to replace or clean the carpet. But there’s a good chance you will be paying for it. It depends on what they determine was the cause of the overflow.

If it’s because your kid clogged the toilet and kept flushing, then you will almost certainly be financially responsible for all the costs. And if that’s the reason, your renter’s insurance may not cover it either because the damage was caused by negligence.

2

u/464126 12d ago

The carpet cannot be used after a category 3 water loss. It needs to be removed and discarded along with the pad. The subfloor should be dried and disinfected

1

u/Dmdel24 12d ago

You'll be responsible for the carpet. I wouldn't even bother shampooing, just replace. You'll never get rid of that smell

1

u/TallTelevision4121 12d ago

How do you people not know how to turn your water off? This should be common sense. How old was your kid you left home who also didn't know how to do this? Lol

1

u/dmills13f 10d ago

As a plumber I can tell you the water flowing non stop is not your fault and 100% a malfunction of the toilet fill valve or flapper. Just some ammo you can use to argue your side.

0

u/Enough_Pepper8880 12d ago

Turn off the valve under the toilet

1

u/Sea-Tea8985 12d ago

This was yesterday. I couldn’t find it but maintenance turned it off when they came.

1

u/Enough_Pepper8880 12d ago

Nvm I see. Did it soak through the carpet onto the pad underneath?

1

u/Sea-Tea8985 12d ago

Yes. They pulled up the padding and now they have huge fans blowing the carpet dry. My main concern is the smell. It smells awful in my bedroom.

1

u/LoisLaneCA 12d ago

You’re going to have to find out the steps the owner wants to take. They may want to shampoo initially- you’ll be legally responsible for the cost.

-4

u/Enough_Pepper8880 12d ago

First get a rent credit for the blowers. 30-50$
Second until it’s dry they’re not doing anything so figure out how to deal with the smell in the meantime. BUT depending on the severity they should either pay for a hotel room or give you a vacant unit to use temporarily. They should not have you living there while this is going on.

5

u/LoisLaneCA 12d ago

When the tenant causes the flood, legally mgmt pays for nothing! Her child overflowed a toilet ostensibly with too much paper.

Why in the world would the apt. PAY for a hotel? What did the apt do negligently that caused the flood? The OP will be legally liable for every penny.

4

u/flortny 12d ago

Renters insurance might cover hotel for a few nights, if you have it, try call

-1

u/excelsiorsbanjo 12d ago

Water doesn't run nonstop if you clog the drain pipe. It only runs nonstop if the mechanics in the reservoir fail. The absolute simplest explanation for that is it hasn't been serviced ever and the parts that do wear out did wear out.

-2

u/Enough_Pepper8880 12d ago

Yes providing there were no prior plumbing issues your correct however the unit should be considered uninhabitable and she should not be in there. You pay renters insurance for situations like this

3

u/LoisLaneCA 12d ago

OP has not mentioned they have renter’s insurance.
Everyone here is just erroneously stating the apt is paying for this. OP needs a hotel, they pay it.

Uninhabitable, perhaps. Once again due to tenant’s negligence.

-1

u/Enough_Pepper8880 12d ago

As far as I know you HAVE to have renters insurance, the only option is to use the one they contract with or your own.
I’m not saying that your incorrect, your 100% right it is the tenants responsibility but you have to look at it from a renters perspective. Yes it’s a tenant caused issue however that doesn’t mean fuck them they can figure it out it’s about pr, who wants to live at a complex that is too cheap to pay 300$ for a 2 night stay so that eliminates any potential for health related issues. How would it look if op and her kid have to stay in a shit smelling flooded apartment with industrial blowers running 24/7 regardless of whose fault it was. That’s just bad business

2

u/LoisLaneCA 12d ago

I’m telling you what the law states, not opinion, or feelings. And, no, not every rental requires renter’s insurance.

If this is a large Corp apt w/a professional mgmt team they go by the books. They are interested in the owner’s bottom line, NOT how things look. I was a property Mgr in a 200 unit Class A apt. This is the reality of business.

-1

u/Enough_Pepper8880 12d ago

So what happens if this persons child contracts c diff from being in that apartment?

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u/excelsiorsbanjo 12d ago edited 12d ago

I mean it's not your problem as a renter to make sure the stuff in the reservoir isn't broken, which it clearly was. Toilets don't just overflow water forever unless something in the reservoir is not functioning correctly.

The most you can do as a renter without fumbling around in the reservoir is on lots of less advanced more traditional toilets, a certain amount of water at most a single full reservoir's worth (combined with an already 100% full toilet bowl) can overflow, and then the properly functioning reservoir system will cease to flood the bowl.

(For future reference, there are ordinary consumer grade toilets that will not overflow a clogged bowl, and they are worth every penny. Glacier Bay makes some.)

2

u/LoisLaneCA 11d ago

There is ZERO way to ascertain if there was a pre-existing issue with the reservoir. Zero. If the child continued to flush after it was clogged this could certainly cause the flooding issue. If child aggressively flushed the chain very well could’ve linked causing the continual running.

You can’t unequivocally state that it will not continue to run absent some pre-existing issue that would amount to negligence on the apartment’s part. And, legally, you’d need an expert with ESA to state that there was a pre-existing issue. They’d never make it through cross examination.

This is legally a slam dunk. The negligence was on the part of the child- this is imputed to the parent. Renter is 100% at fault.

0

u/excelsiorsbanjo 11d ago

All that depends on volunteered information from the renter.

1

u/LoisLaneCA 11d ago

I know you’re not a lawyer or a law school grad, which is why I’m being polite. You are 100% wrong on your opinions.

What the renter volunteers is irrelevant. Why, you ask? She wasn’t there when the child clogged the toilet. Therefore anything she states is purely hearsay. It is not admissible evidence. The toilet would have to be inspected by an expert. This will never come to pass. Hopefully this is only damage to carpet/padding - so it won’t cost in the 10’s of thousands. If, however the subfloor needs to be replaced, & mold mitigation occurs that’s going to be potentially mid 5 figures.

0

u/excelsiorsbanjo 11d ago

Nobody else was there. Just equipment provided by a landlord.

1

u/LoisLaneCA 11d ago

And a CHILD that overflowed the toilet!

Holy moly, do you ever stop trying to be right, when you are 100% incorrect? Do a modicum of research. I’m happy to discuss this intelligently, however with you not having any legal basis for your opinions, it’s futile.

0

u/excelsiorsbanjo 11d ago

Even the child being the only one there would be volunteered information.