New Jersey | Landlord & Tenant Law
Legal Question
I am a landlord of a property. My tenant started their lease in March and just last week they reported that the upstairs toilet was leaking into the downstairs. I had a plumber remove the toilet and try and clear the line without success. The plumber then had to cut holes in the 1st floor ceiling to expose the toilet line. He found the line and cut out a section that he believed was clogged and found the blockage. The line was completely clogged with tampons and tampon cardboard applicators approximately clogging 2 feet of the 3" copper drain line. I lived in the house for 8 years and the line never clogged. The tenant admitted to flushing the items but says she is not negligent in the clogging of the line. I told her that she is going to be responsible for the repair costs. She says she is not paying. My lease clearly states that damages due to negligence on the part of the tenant is their responsibility to pay. Am I going to have to sue them or do I just notify them that upon the end of the year lease they are to vacate and at that point take the cost of the repair out of the security?
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