Do They Have a Right to Do This?

http://www.homelinemn.org/

This is a renter's rights hotline for Minnesota tenants. You can call or e-mail to contact an attorney specializing in landlord-tenant law or a tenant advocate.

No way!

Sounds like a misunderstanding at the management office to me. Call them right away to straighten it out.

Nope that letter should have gone to the tenant upstairs. I would place a nice call to the lease office and then based on what they say. Call one of those tenant advocacy places.

There is a tenant rights handbook that you can get. I do know that if you go to the following site it is with the attorney general, which help to explain you rights.

www.ag.state.mn.us/Consumer/housing/lt/default.asp

I dont beleive they have the right to send you a bill for the damage caused to your apartment cause by another tenant. They must maintain there property in a habitable manner by law, common sense of course, but that doesn't mean that they can pass the buck onto you in the way that they have attempted. Though they are not responsible for damaged caused to your personal property. That is why they should have if they didn't, express that anyone who rents from them should have renters insurance to protect there personal property, as they are technically not responsible for it.

If the above website doesn't clearly answer your question, I would ask a realestate attorney their advise. My husband and I own a triplex in st paul which we have lived in and chosen not to rent for a few years now. Recently we have decided that we will be moving and keeping the tri-plex, so we will be renting again. Because of that decision I have been going back over renters/landlord books that I have so that I can make sure I get good tenants and keep them. If it were me, that clean up would have been a cost that I would have just eaten, until I knew if I could get some of it back from the tenant that caused the damage. There are simply some costs that an owner of a property must fork out and expect not to get back. That is just part of the business.

I wish you the best.

According to The Wisconsin Way (Landlord law), they only have the right to charge you for the damages if you caused them. Technically, they should be charging your upstairs neighbor for the cleanup in your unit because she caused the problem. You can easily fight it. Look up the web site for the whole landlord law http://datcp.state.wi.us/cp/consumerinfo/cp/factsheets/pd...
Hope it helps.

I had a similar situation, only someone got drunk and passed out after turning on the water in the bathtub! I did not have to pay anything for clean up. And I was reimbursed for damage to my property. You should definately contact the Legal Aid Society or a lawyer who specializes in tenant landlord disputes. The damages were not your fault and you should not be held liable for them. The property owner should have some type of liability insurance to cover this type of thing. And, heaven forbid, you do have to pay for this, you should be able to sue the other tenant for reimbursement. Anyway, now that I've rambled way too long, contact Legal Aid Society, or a tenant rights lawyer. Good luck!

NO they do not. If it not in your lease then they can not do this. I own a cleaning business and deal with alot of renter property. I do not know your income, but you could go to legal aid for free advice they will help you, phone number ###-###-####. Or you can call Legal action of Wi 1-800-362-3904, or Lawyer referral 1-###-###-####. Legal action of wisconsin ###-###-####. I know there is a number for renters to call about landloads, but I can not find it. Hope this information helps you. What ever you do, don't pay the bill. The tenant who cause the damage should get the bill. Is it possible they were suppose to give the bill to that tenant, but made a mistake and gave it to you. You should call make sure. This might save you alot of stress. Landload are very good at making mistakes. Good luck.

There is no doubt that the fees are not your responsibility. You will need to read the Tenants Rights Handbook:

http://www.tenant.net/Other_Areas/Minnesota/handhead.html

Paste this into your browser and look at all the links that apply to your situation. Then:

1. Write a letter to your landlord siting the articles and sections that protect your rights, letting them know that you assume the letter was sent to you in error. Make sure that your letter asks for a response within 30 days.

2. Send a carbon copy (cc:) to Laurie Swanson the Attorney General of Minnesota so that you have an advocate. I know this sounds crazy, but you will get help from Laurie's office.

3. Make sure to follow-up on this letter and get a WRITTEN confirmation from the landlord that, 1. The bill was sent to you in error or 2. What the landlord's official response is.

4. Don't stop pressing the landlord and Laurie Swanson's office for resolution. Why? Because if it is unresolved your landlord will just take it out of your damage deposit when they evict you or you finally move out.

THIS letter writing process WILL PROTECT YOU FROM EVICTION and from losing your damage deposit in the end.

5. MOST IMPORTANT: Save all copies of everything you read, site, write and all correspondence that comes to you. Be diligent or it will haunt you.

Landlords and tenants both have limited rights when it comes to building maintenance. The more you can know about your rights the better off you will be. It is the MN Attorney General's office that oversees Tenant/Landlord conflicts. They can direct you to more help if this gets out of control.

Most landlords just prey on tenants hoping they will comply, thus making their property that much more valuable. Stick to your guns L. ~ you are right, they are wrong.

What they probably did was got the names mixed up and the notice should've gone to the one on the third floor.
There is no way they can charge you for cleaning up someone else's mess.
J.

Hi L., I just read about your weekend and I am shocked. I have about 7 years of rental property managmt. exp. and I have never charged the person who got damaged because of someone else's negliegence. I will admit, I have been out of the business for a few years, but that is really low! I would love to see your lease. I really can't believe they would have a leg to stand on. They are most likely bluffing. Where do you live? When I read this I was just shocked, and I will help you if I can because I think they are trying to see if they can bully you. It's poor managment, but unfortunately there are companies out there that are like that. Let me know if I can help. Also I should stress the importance of renter's insurnace! Cheap, cheap, and very important!
Andrea

It would be good for you immediately call the housing authority in your county. I used to own an apartment and there are ALOT of laws governing tenant's rights. Find someone who is willing to help you and perhaps contact the landlord for you to clear up this misunderstanding---It is NOT your fault!!!

This is from a friend of mine that is an apartment manager. Thought she would be able to help.

I can not say too much because each lease is totally different. I
I would suggest going to an attorney or legal aid.

My husband is a lawyer...he said his guess is they meant to give the bill to the other lady. They cannot ask you to pay for anything although he was surprised that they paid for your damaged personal items because they may not have to do that. Good luck!

I would do a search on the internet, and be specific about the state you live in, or go to the library to find out what your tenant rights are. You will need to be specific about where you live (state) in a web search. I would think that your landlord should have insurance on the building that might cover problems like yours. At any rate, if you have a lease, read it to see if it covers who is responsible for incidents such as the toilet backing up in the apartment above you. You are absolutely right to question this charge but that might not translate to your having a legal "leg to stand on." Good luck!

Lindsey- What I would do is contact the landlord and discuss it. I agree this is not your fault. Usually the owner of hte property would have insurance to cover this. It really is not the fault of hte other renter either. Even though she should have contacted maintenance prior to the toilet running over. If she wasn't at home then I beleive it is the owners problem. But what I would also do is contact an attorny for a free consultation. They would be able ot tell you what rights you have. Good Luck!

No. Have you approached them about the bill? It might have been sent to you in error. If not, I'd fight it, simply because the reason for the clean was neglegence on the part of the other tennant, not you. She should be charged these fees, not you. Was there an apartment between you that received water damage? If so, talk to that tennant also and see if they also received a bill.

Sounds like what happened to my cousin - except it was his toilet that overflowed. He ended up going to court over it and didn't have to pay. Actually the judge gave the apartment people a stern talking to. Make sure you keep documentation of everything. Write down everything that has happened - including times.

If you want more help with what to do let me know and I can get you in touch with my cousin and he can tell you what he did.

Best of luck!

L.,

Talk to the property manager. The damage to your apt. was not caused by your actions. The cleanup to your apt. was to make it habitable. The bill for this is your landlords to pay.

every state has different tenant/landlord laws but i would say there's no way you should have to pay a penny! is it possible you got the note by accident and it should have gone to the upstairs neighbor? the court house or internet should be able to tell you about your rights as a renter. if the lease backs you up then i wouldn't pay it. in fact, they should be lucky you're not suing them for damages and medical bills!!!

S.

You'll have to read your lease. Do you have renter's insurance? This may cover you.

Hi L.,
I would say no you don't have to pay them anything. You are a renter and they are responsible for keeping a safe clean living environment for their tenants. If you are concerned you could call up a law firm and just ask them, they may give you legal advise about it over the phone without charging you anything. If your landlords are going to charge anyone extra money they should be charging the apartment that caused the problem. I hope everything turns out ok for you.
Take care and God Bless
My thoughts and prayers are with you for a long and happy marriage.
S.

There's no way in *(&(& that I would pay this fee! You did nothing to cause the damage! They need to be recouping this fee from the woman who caused the issue.

Did they send the letter to the wrong tenant? I don't see how they could possibly make you pay for that. It had nothing to do with you other than you had to deal with that mess and clean up in your apartment. If anything you should be sending them a bill.

I would definately seek out legal advice. It doesn't sound to me like they would have any ground to stand on, but there are always loopholes. Perhaps this is why it is important for you to always have renter's insurance. In any case, you might look into legal action against your upstairs "neighbor", she might be required to pay for the damages/cleanup you are being charged with because she should have renter's insurance. Just a thought...

I think the fact they gave you a rent credit acknowledged it was not your fault. That management office is responsible for the building. You are responsible for the items inside the building, but when their building causes the damages, they should be responsible for restoring you to normal. Including cleaning your carpets (their property). I am actually surprised they gave you money for your damaged items, that will typically fall into under "renter's insurance." You may look into that for the future. It's MUCH cheaper than homeowner's because they are not replacing an actual home structure. i have been out of the renter's arena for awhile, but I would try simple reasoning with them. Maybe the downtown office doesn't know the whole situation. Get your facts in order, and consult an attorney. A good one will give you some advice over the phone without charging you. I did that all the time when we owned rental houses. If you do need to file legal paperwork, do that same attorney the courtesy of filing it through their office. One more thing, don't let this drag out & get sent to collections. Try to get it handled within the next 90 days (before they can turn you over to collections). Once you talk to the attorney, then try to reason with the office. If need be, tell them you have consulted an attorney, and what he thinks. Tread lightly here, you don't want to tick off your leasing office, but stand up for yourself too. I hope this helps

No, they do not have a leg to stand on. They are hoping that YOUR renter's insurance or someone's renters' insurance will pay them. Just get out your lease agreement and document what you have gone through and send it to them, preferably by certified mail-not necessarily E-mail, if you really want them to pay attention to you. I take pictures a lot, especially when I first moved in. I have told my landlord that there is nothing like a picture to prove what I am saying. And I plan to use them when I move.

I would go straight to the apartment manager and show what you have received. You are not liable especially since it was caused by someone elses toilet. If anyone to pay for it, it would be the lady above you.

The answer depends on the terms of your "signed" agreement with your landlord at the time you moved it. So if possible, and without delay you should review what you agreed to be responsible for. The state will defer to the signed contract, unless there is a major violation under State law on the part of your landlord.

Beyond this, the state of Minnesota has established set guidelines for Landlords and Tenents. The following is information from rentlaw.com that should help get the information and help you'll need. On Monday, call the number of the hotline below. The information that's copied below and more can be found at http://www.rentlaw.com/minnesota.htm

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Landlord-Tenant Information Help Line - a nonprofit organization, provides information and resource services to landlords and tenants. Information includes a 256-page property management reference manual, a landlord apartment rental kit and a tenant apartment information and move-in package. Also available are two handbooks: "How to Protect Your Family From Lead" and "Landlords and Tenants Rights and Responsibilities." There is a charge for some printed materials.
Call ###-###-#### between 10:30 a.m. and 5 p.m. Monday through Friday, or write to 1421 Park Av. S., Suite 100, Minneapolis, MN 55404.

Certain rights and duties apply to landlords and tenants everywhere in Minnesota. The Attorney Generals Handbook attempts to explain those rights. This booklet should not be considered legal advice to use in resolving specific landlord-tenant problems or questions. It is a summary of the laws that govern the landlord-tenant relationship. Statutes and some case law examples are cited in the back of the brochure for further reference. If a cite does not appear, the information is likely derived from common law or case law.
Minn. Stat. § 504B.181, subd. 2(b) (2003) requires landlords to notify tenants that this handbook is available to them. Download it here (PDF)

Tenants in federal housing and other forms of subsidized housing have additional rights under federal law not covered in this handbook. Those tenants should check their leases for information

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LANDLORD RESPONSIBILITIES:
Provide habitable housing. This means the house or apartment must comply with all building, housing, and health codes which significantly affect health and safety.

Give tenant at least 24 hours notice before entering the apartment. A landlord cannot walk in for any reason, unless it is an emergency.

Clean and maintain common areas (hallways, stairs, yards, entry ways).

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Provide for well lit hallways and entryways.

Make the house or apartment comply with all building, housing, and health codes which significantly affect health and safety.

Provide for properly working plumbing and heating. Hot and cold running water, bathroom, shower or tub, kitchen etc.

Notify tenants of violations in writing. Both for your records and that of the tenant.

Respond to maintenance requests in a timely fashion.

Provide information on tenant’s security deposit as required by law.

Provide tenant with emergency contact and name of address of Landlord for notices and to send rental payments.

If you must evict a tenant, follow the eviction laws for your state.

Return the tenant's security deposit as required by law.

Provide written receipts for rent and deposits.

The landlord or his representative should do a walk through when the tenant moves in and when the tenant leaves and it should be documented and agree to by both tenant and landlord.

Understand "normal wear and tear" and how to or not to charge back for repairs.

Take care of property.
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Before you move into a rented Home or Apartment, be sure to do a walk through with the owner or property manager. Why? Because when you move out, the landlord may attempt to charge you for "damages" to the unit. What defines damages is often contested and the tenant, unless they have a move-in-checklist and pictures, may lose out in court.
A general rule of thumb - are you leaving the unit in the same condition as when you moved in? Again take pictures and have the landlord or property manager agree to the condition. Same when you leave.
A landlord can only withhold for damages only amounts that are deemed reasonable for the damage claimed. If a defect existed before you moved in, you should not be charged for that particular problem. The importance of pictures and a move-in checklist cannot be stressed enough.
Normal Wear and Tear is vague term and means different things to different people. So protect yourself.
Damages are actual things in the apartment that you or your guests actually break - such as a window or a hole in the wall.
Normal Wear and Tear may include things such as faded paint - you yourself did not cause the paint to fade, thus you would not be responsible if and when the landlord decides to repaint.

When you move in and out
Take pictures - use a disposable or video camera. Pictures are worth a thousand words and therefore, dollars. Sign and date the pictures and save them in case your landlord does not return your security deposit.

The average cost to clean an average apartment is $135 for the full job.
If you do not have time, consider hiring a cleaning service.

One common method of calculating the deduction for replacement prorates the total cost of replacement so that the tenant pays only for the remaining useful life of the item that the tenant has damaged or destroyed.
For example, suppose a tenant has damaged beyond repair an 8 old carpet that had a life expectancy of ten years, and that a replacement carpet of similar quality would cost $1,000. The landlord could properly charge only $200 for the two years’ worth of life (use) that would have remained if the tenant had not damaged the carpet.
Normal Wear and Tear Guide - Reference ONLY!

Normal:
Faded Paint. Paint may have a "useful life of 2-3 years, depending on who you ask. However, if you paint with a better paint, wiping down the walls works well.
Old, worn carpet when you moved in or furniture marks in carpet. The natural wearing down of carpet or drapes because of normal use or aging.
Worn hinges on doors or locks. Hole or ding in wall from missing door stop. Check each door.
Broken plumbing pipes, unless you damaged them. Central drain problems, not caused by your incorrect disposal of items. Older homes with old sewer lines may get roots growing through them, clogging the system.
Dirty Blinds - as in dusty.
General dust in the apartment. Be sure to clean behind the sofa and under.
"Faded" curtains that were in the unit when you came. However, to remove curtains that you placed and did not remove, you may be charged.
Bulb that went out in the refrigerator.
Damages
Holes in wall from hanging pictures, removal of Decals on the walls. Larger gouges etc.
Tear in carpet, animal stains (even if landlord knew you had a pet). Burn marks - iron, cigar, cigarette, ground in stains.
Doors with holes. Doors or windows broken. Glass etc.
Clogged drains caused by your misuse of sinks or toilets. If you rent to women (college girls for example) be sure to remind them to dispose of feminine products in the trash, not the toilet.
Broken or missing blinds or curtains. If they were there when you moved in, they must be there when you leave. If you do not want them, discuss this with your landlord. If he says "I don't care" send him a letter to confirm...as we discussed..
Eliminating Flea infestations caused by tenants animals. The same for smoke damage from smoking or burning candles.
Excessive Bathroom mildew. Use a good cleaning product like Tilex or Spray 409 weekly.
Broken shelves in a refrigerator. Excessive dirt/dust in the refrigerator vents. This is the area under the unit. Be sure to vacuum to improve the performance. Every time you vacuum, vacuum around the unit,
Excessive dirt or filth in an oven or refrigerator. Defrost the refrigerator if not frost-free. Stoves can take 2-3 hours to clean if you have cleaned it. Use Easy-off. That's why the named it that.

Check with your renters insurance and they may be able to help you. Other options are a Renters Association Group in your town or else you may have to get an attorney.

KimE
Wisconsin

Mother of 3 grown sons and 2 grandchildren. Married 35 years and am a starving Realtor.

I would not pay for something that was not your fault. You did not cause these damamges. I would send them a letter stating that it is their resposibility to make sure that everything is in working order and not damaged. I would let them know that this is not your fault that it was a tenant above you and that you will not pay for something that happened because of somthing else. In your lease it probaby says something like you are responsible for the damage you or your guests cause to the property but nothing about what other tenants cause. I wouldn't pay. This could be an oversight on their part too. I would check to see why you got the letter and then go from there.

Since they gave you a rent credit for personal items. I would think downtown management office sent the bill to the wrong place. They saw the work was done in your apartment didn't see it was caused by the other tenant.
I would make a phone call to inquire why they sent it to you and not the other person. If they say it is yours, then look into the webpages the other have provided on here.
It is either the other tenant or the owners bill not yours.
Good luck

How can they even give you a bill?? They should have given the bill the the person on the 3rd floor!!! I would tell them you are not paying the bill and if they don't back down, take them to court over it. That is ridiculous!!! It would not hold up in court, a judge would just have to laugh and go are you kidding me??? How could this be your fault???
Good luck!!

Hi L., when i rented my house the landlord said tenants have tons of rights landlords have very few that is here in Nebraska though. I don't know where you are from but you may want to check out the tenant ladlord laws in your state. It sounds like to me that they sould be billing your upstairs neighbor if anyone. I'm sure if you called a lawyer about this they would answer your question without any fee as you are just asking. I hope this helps. GOOD LUCK!

No they do not have the right to do this. I would contact your BBB and report the management company. Also, contact the local government office and get info on how to terminate your lease. 8 years ago I had a sewer system back up in my apartment (actually the whole lower floor). I was out of town and came home to find my belongings moved into my living room. Noone tried to contact me to let me know what had happened or what was going on, and they had my cell number. I found that my apartment complex had 10 days to remedy the situation not just clean it up. They were to REPLACE carpet, check all outlets, and paint after the walls were cleaned.
A simple carpet cleaning and painting over the mess is NOT adequate enough. (think germs) They need to tear out your carpet and REPLACE, remove your fan in your bath to fix ALL the wiring in your ceiling AND INSPECT THE CEILING. THis is how MOLD starts! There is moisture in your ceiling including your insulation which grows mold. I know that your state will give you the legals on what steps you need to take. I know that YOUR Time is also limited. Do not delay!!!
You do NOT need mold in your home especially with your little one, and the wiring needs to be inspected. Please contact your local renters association and they can send you in the right direction.
Also, they can not bill you for your neighbors situation. You are not responsible for her actions. THey should go after her. You should be able to bill them. Perhaps they meant to give it to her.
Good luck.

I would call the tenant/landlord line of Wisconsin. They have been very helpful to us in the past with tenant/landlord issues. Or call the Wisconsin Department of Agriculture, they too are very helpful with landlord/tenant issues. They can help advise you as to what to do. You can find both by googling them on the internet. It doesn't sound like you should be responsible for ANYTHING in my opinion. Good luck!

I would think that the bill should have gone to the lady/ apartment that caused the mess. If your lease doesn't mention being resposible I would think that this is an error.

I would go to the management office and request to speak with someone about this issue. I would GO...not call. It is going to be harder for them to be difficult about it if you are in their faces.

I'm no lawyer, but I can't imagine they can do that. You had nothing to do with it.... and pending the reason for the toilet overflowing (was it negligence from the tenant above you, or was it broken/malfunction, which I would think would be responsibility of the complex). I would also think that, their giving you a rent credit to cover loss of personal items, would indicate no fault on your part. If you were responsible, I'd think they'd tell you that you were on your own and had to submit it to your renter's insurance. I'd definitely call legal aid or a law firm and ask...

Good luck- let us know how it goes!

Sounds like they made a mistake. Call the management company and calmly explain the situation. It could just be an oversight on their part. And don't pay the bill they gave you.
If they still insist on charging you, go visit an attorney.

First, call or write to inform them they made a mistake, and that for your peace of mind you need them to write again that the mistake has been fixed.
Then, if they don't immediately agree that it was a mistake, ask them what basis they have for charging you on something that was clearly in no way your fault. Take that information to some legal aid.
If it was a mistake, no problem; it happens. If it was a bluff, and they apologize, you may give them the benefit of the doubt (they felt they had to try to minimize expenses?). If they are serious, whether there is a basis in your lease or not, stop doing business with this company and encourage everyone you know to stop doing business with them. This is unethical, and we need to make poor ethics unprofitable too.

Was it addressed to you? Seems to me they missed by a floor!

The landlord is solely responsible for the dwelling. Even if the other tenant had renter's insurance that would only cover her personal belongings. Make sure you have all your bases covered by getting renter's insurance if you don't already have it. It only costs about $9-$11 per month. Usually they can add it to your current auto policy and sometimes with the additional discounts it ends up costing you little to nothing. The only loophole I can think of is that your lease states you must maintain renter's insurance for your personal belongings. I'm not sure why they gave you a rent credit? They wouldn't be responsible for the damage to your items, except to clean up your place. Someone has their lines crossed here. You may want to have a lawyer look over your lease or at the very least contact the management and have them explain it to you in detail!

Makes me wonder if they meant to give it to your upstairs neighbor. I'd fight it.

You might want to email your question to Kelly Klein at the Minneapolis Star Tribune. She an attorney who writes a column on renter's rights. Here e-mail is ____@____.com

Oh NO! They absolutely cannot charge you. They can charge your neighbor, but not you. Call the management company directly and tell them you're going to seek legal council. I used to work in property management. The people at the corporate offices tell the on-site people to do these things. Then when they're called by the resident or the resident's lawyer, they fold like a pair of pants. There are websites dedicated to tenant rights, check them out. Alot of property management companies take advantage of the fact that most people just don't know their rights.

Good luck,

N.

Hi L.,
That is OUTRAGEOUS! They, absolutely, have no right to bill you! They should be billing your upstairs neighbors!! I would check in the phone books for some numbers to call about your tenant rights.. You may even be able to find some info. on the internet. Your landlord may even know that this is wrong but is hoping that you won't know any better and just pay it! Good luck and keep us posted.

Melissa

It sure doesn't sound right to me. Your state authorities should have a renter's rights publication. That may spell out what to do in this situation. Sometimes, I think landlords (property management) bluff in these situations to see if you will pay. You should fight this.

yeah, not sure how they can do that. I would make sure they didn't send it to the wrong person, if they insist on you paying I would consult legal advice. But since you didn't cause the mess I don't know why you would be responsible.

I would first see if they gave the bill to you by mistake, or if (and how) they think you caused the damage. Go as high up as you need to, and don't be afraid to talk to the maintenance man or get him involved if he did the clean up and knows what happened.

Rental companies are some of the worst out there, so go as high up as you need to to resolve this. Otherwise, I would go over this and get an attorney. Find one that specializes in this stuff if you can.

Although I know it's been provided, here's a link to the tenant handbook:

http://www.ag.state.mn.us/Consumer/housing/lt/default.asp

Good luck! Remember that rental companies will always try to screw you over, so be on the defensive!

K.

DON'T pay it. It's a lot easier to fight it now than it will be to get your money back. They cannot do that to you....let them try. No judge would EVER make you pay for the damages done by someone else.

They can not do that... The water came from above, it had nothing to do with anything you did, and there was nothing that you could have done to prevent this from happening.. I would call them and ask why you are getting a bill, and if they say don't tell you that you don't have to pay, go higher up, if that doesn't work, there should be someone else that you can go to, maybe someone that deals with your city's ordeince or something.. Good luck, please let us know what happens...

Hi L. - the short answer is "no" they can't. Legally there is something called the "proximate cause" doctrine. This is a fancy way of saying "but for..." Meaning "but for" this lady's toilet overflowing, you wouldn't have had any cleanup fees. Simply put - its not your fault. If anyone needs to be charged it would be the lady who's toilet ran over.

Hope that helps!

Your local city hall should have a pamphlet on tenant/landlord rights and responsibilities according, not only to your state, but to your city as well, if not, make an appointment with the City Attorney's office, they can tell you what you need to know.

Contact your landlord as it seems to me that someone somewhere made a mistake and sent it to you rather than to the tenant upstairs, especially after they paid you for damages. If the landlord says that the bill was indeed to go to you, then contact legal aid.

Wow. I don't know if it's legal or not, but it's certainly doesn't sound right. I would be talking to the manager.

I also live in an apartment. I have never been charged for any clean-up or maintenance. I strongly recommend that you go to your county and city resources to check on the renters rights and the landlords responsibities. I believe that it is the landlord's responsibility to do the extensive clean-up and the financial responsibility would fall on the tenant above who caused the damage if it was their fault and not a faulty toilet. A landlord is legally responsible for maintaining their properties unless there are specifics in your lease. I hope this will help.
K.

L..
First- DO NOT respond to them until you get your ducks in a row!!!!

Also- DO NOT write any checks!! a check is a legal contract where when you write it, or cash it, you are agreeing to the terms of what you are exchanging money about!

Every city/state usually has a renters resource to tell you the rules for renting where you live.

My first reaction is HECK NO! They don't have a leg to stand on. And I am furious and the suggestion! However, in some leases they say that the renter pays for such things. In any case it should be YOUR upstairs neighbor and not you who pays! Since that was the source of the issue. If it is in your lease that you have to pay for such matters then they may be trying to split up the cost between the units that it effected.

Again, get your ducks in a row first. Get your lease out and call the city to ask them who the resource is in your area.

Good Luck, and yuck.

My best advice for you is to get online and check out the landlord/tennant laws for your state as they do vary..

My first thought is that they made a mistake since it seems against all logic that they would hold you responsible. I would call the office or the landlord and investigate a bit before I would lose you cool. However, if they say that you are in fact to pay, raise holy hell. There is no way you should have to pay. Sometimes I think they just try to see if you'll pay and if you fuss, they withdraw. Ya know, like when an insur company denies a claim the first time, but then if you make a little noise it gets paid no problem. Good luck

I can't possibly see how they could get away with that. It must be a mistake. If anything they owe you money.

You did NOTHING wrong how can you be at fault?

Don't freak out so much--just respond to them and let them know they made a mistake. Call right away. If it sticks, then you can take them to small claims court for the amount you spent on the clean up--and make them pay for the legal fees.