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by Anonymous on July 12th, 2005

Anonymous

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My kitchen garbage disposal kept getting clogged. After 2 bottles of drano I called the landlord. Her maintenance guy came to fix it and gave me a bill for $85. What is the responsibility of the landlord, then? She said it was my neglect or misuse.

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Answers. 1 helpful answer below.

  • by themasterevan on July 17th, 2005

    themasterevan

    First, what does the lease say?

    If the lease specifies what you have to do to maintain the garbage disposal, in specific, then the landlord MIGHT have a way to claim you "neglected" it.
    Is there anything you didn't do that you were supposed to do?

    As for misuse, have you said anything to anyone about how you used it? Did you tell the landlord or the maintenance person how you used it and what you put into it? Do you have any paperwork from the maintenance person for the repair, and does it specify misuse of any sort?
    Have you put anything down the disposal that it was not designed to take? Anything besides food? Do you always run water down it when it is running?Was anything like plastic or glass taken out by the maintenance person?

    Garbage disposals have blades that eventually wear out, and when they do, they tend to jam. This may have been what happened in your case. It is likely that this one is just old and worn out.

    Check with you local housing authority. Your landlord may be in violation of the housing code for renting a place with defective kitchen equipment. Have an inspector come out. If the landlord didn't keep up the kitchen, who knows what else is ready to fall apart?

    There is probably a free legal clinic in your area that will defend you if you refuse to pay this bill. As part of their strategy, they will subpeona the landlord's records, which will might show how old the garbage disposal is.

    Even if your lease says you have to pay for maintenance, that might be an "unconscionable contract"---- ask your lawyer.

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