New toilet tank pressed up against wall

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JDD

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My Landlord replaced a cracked tank with a whole new toilet.

The old tank had about a fingers-width of space between the tank
and the wall behind the tank:


Tank-fingers-wall-1.jpeg




Tank-fingers-wall-2.jpeg


The new toilet was installed with the tank butted right up to the wall
behind the tank; you can't even fit a piece of paper between the tank
and the wall:


Tank-smack-against-wall.jpeg


That's a toothpick that I can't get between the wall and the tank.

Is this ok?

I told the Landlord that the tank is now under stress and it will
eventually fail, sooner or later.

Anyone have any comments about the installation of the new toilet?

Am I on any kind of good ground in my concern?

Thanks!
 
A lot depends on the installation competency, the WC model...so no finite conclusions possible.
 
Pictures didn’t show up in the thread for me.

If the tank is being pushed forward, that’s not good......
 
The pictures aren't working for me also.

If you have a landlord it's really his problem if it breaks again. You've already brought up your concern with him. There's not a lot you can do about it.

If it breaks again he may want to get a toilet made for a 10" rough in.
 
I've re-attached the pics.

Do they help create a better understanding?

Any further comments or suggestions?

Thanks !

🤔 :)
 

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  • Fingers between tank and wall-2.jpeg
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  • Fingers CAN'T get between tank and wall-3.jpeg
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Does the tank top sit on the tank correctly.

Appears to be but . . .

But in my other two (2) tanks, there's about 1/2" space between
the tank and the wall. I can hang a "NeverScrub!" over that back
wall of the tank and it fits no problem.

But with this new installation, the tank is jammed up so tight
against the wall that I cannot even slide a piece of paper
between the tank and wall, let alone being able to hang
a "NeverScrub!".

There's no question that this new toilet was jammed into place
by an employee of the plumber who just wanted to get in and
out of there.
 
does the tank lean forward ?
Hard to tell.

Doesn't look like its leaning forward, but then, how can I tell?

What I do know is that the tank is jammed up against the wall
tight - real tight - so tight I can't slide even a piece of paper
between the tank and the wall.
 
I just installed a Delta toilet like that today. 11.5” Rough in tight. There was .5” between tank and wall. Sounds like they put a 12” rough toilet in a 10” rough space.
 
If I were you I would take those pictures and send them to the landlord- 1 of them to document that it appears the plumbers scraped the wall when installing the toilet. You do not want to be held responsible for that when its' time to collect your security deposit. Also, have something in writing (and keep a copy) notifying your landlord that you are concerned about the tank being butted up against the wall so tightly. It might leak or even break. If you have your landlord's email address, it would be good to do that via e-mail, but also send written notice on paper. Include printouts of the photo to express your concern. Keep the copies in a file for yourself so if/when you move out, you will have documented that this is something you expressed concern about--and also that you did not damage the wall & the landlord may need to go after the plumber for that wall repair.
It does look like they put in the wrong rough-in size.
They can remedy this by either replacing the toilet with the correct rough-in size OR by getting an offset flange to allow the toilet to sit forward a little more. The offset flange is obviously the cheaper option. You can suggest that to your landlord.
 
There might be enough play in the toilet flange bolt holes to be able to loosen them, then scoot the whole toilet a little bit away from the wall.
Then carefully tighten the bolts again.

Or this might cause the wax seal to leak.

Or you might crack the toilet base.

Don’t get involved, just pass on your concerns.
 
If I were you I would take those pictures and send them to the landlord- 1 of them to document that it appears the plumbers scraped the wall when installing the toilet. You do not want to be held responsible for that when its' time to collect your security deposit. Also, have something in writing (and keep a copy) notifying your landlord that you are concerned about the tank being butted up against the wall so tightly. It might leak or even break. If you have your landlord's email address, it would be good to do that via e-mail, but also send written notice on paper. Include printouts of the photo to express your concern. Keep the copies in a file for yourself so if/when you move out, you will have documented that this is something you expressed concern about--and also that you did not damage the wall & the landlord may need to go after the plumber for that wall repair.
It does look like they put in the wrong rough-in size.
They can remedy this by either replacing the toilet with the correct rough-in size OR by getting an offset flange to allow the toilet to sit forward a little more. The offset flange is obviously the cheaper option. You can suggest that to your landlord.
Good tip!

Will do and thanks!
 
There might be enough play in the toilet flange bolt holes to be able to loosen them, then scoot the whole toilet a little bit away from the wall.
Then carefully tighten the bolts again.

Or this might cause the wax seal to leak.

Or you might crack the toilet base.

Don’t get involved, just pass on your concerns.
Nope, I won't touch the installation.

But I will document to the Landlord not only my concerns (done via text and verbally when he personally inspected and approved the job)
but I will email and mail via certified.
 
Certified mail is a good idea. Make sure once you get the receipt that you mention to your landlord via e-mail that you sent notice of the scraped wall and your concerns about the toilet tank to verify the contents of the letter. I hope your landlord saw that the wall was scraped when that toilet was installed. But, if not, it's obvious it was from the tank. But, just in case, that is something that needs to be documented so you can't be blamed for it later on.
I hope you will update us on how things go once you notify the landlord. If that tank cracks & leaks, not only could it damage things in the room, it could also make your water bill go up.
 
I wouldn’t send a certified letter. That’s a little much......
 
I wouldn’t send a certified letter. That’s a little much......
If push comes to shove, one must have documentation supported by documented delivery to the Landlord.

Certified mail (NOT return receipt - too expensive) will give a receipt and you can track its delivery.

Its always a good idea, at the bottom of the letter, to write,

COPY SENT BY USPS REGULAR MAIL
ORIGINAL SENT BY CERTIFIED MAIL RECEIPT # 1234 5678 9012 3456 7890


and actually send the original and copy as noted.

This way you have backup.

Some will assert that they "did not get the certified letter" even though a notice is left
at their residence that a certified letter delivery was attempted. They will never take
and sign for delivery of that letter and you will not be able to track delivery to them.

But if you have also sent the letter by regular mail, then you have proof that it did arrive.

The Courts hold that mail is delivered.

Certified Mail is just more proof, but regular mail is held to be proof enough.

There's another delivery method that USPS uses that provides a tracking number
that might be Priority Mail, but I'm not sure. I know you can track Priority Mail,
and its cheaper than even Certified, but I'm not sure if this is the cheapest way
to send and track a USPS letter.
 
Certified mail is a good idea. Make sure once you get the receipt that you mention to your landlord via e-mail that you sent notice of the scraped wall and your concerns about the toilet tank to verify the contents of the letter. I hope your landlord saw that the wall was scraped when that toilet was installed. But, if not, it's obvious it was from the tank. But, just in case, that is something that needs to be documented so you can't be blamed for it later on.
I hope you will update us on how things go once you notify the landlord. If that tank cracks & leaks, not only could it damage things in the room, it could also make your water bill go up.
1. I don't believe I ever mentioned "scraped wall". The tank is right up, tight, against the
wall, but the wall is not scraped.

2. I will keep y'all posted!
 
If push comes to shove, one must have documentation supported by documented delivery to the Landlord.

Certified mail (NOT return receipt - too expensive) will give a receipt and you can track its delivery.

Its always a good idea, at the bottom of the letter, to write,

COPY SENT BY USPS REGULAR MAIL
ORIGINAL SENT BY CERTIFIED MAIL RECEIPT # 1234 5678 9012 3456 7890


and actually send the original and copy as noted.

This way you have backup.

Some will assert that they "did not get the certified letter" even though a notice is left
at their residence that a certified letter delivery was attempted. They will never take
and sign for delivery of that letter and you will not be able to track delivery to them.

But if you have also sent the letter by regular mail, then you have proof that it did arrive.

The Courts hold that mail is delivered.

Certified Mail is just more proof, but regular mail is held to be proof enough.

There's another delivery method that USPS uses that provides a tracking number
that might be Priority Mail, but I'm not sure. I know you can track Priority Mail,
and its cheaper than even Certified, but I'm not sure if this is the cheapest way
to send and track a USPS letter.

It just doesn’t work that way.

The landlord would need to prove you broke the toilet. He can’t do that......

There’s no burden for you to tell him it’s not installed properly. You just live there........you didn’t hire the plumber. You didn’t pick the toilet out or pay for it.

How are you qualified to say it’s installed wrong ? You asked a forum ? A court wouldn’t care what a forum said.

I give expert testimony on occasion in legal cases. Things just don’t work like you’re thinking.

But there’s no problem with you sending a letter.....
 
Last edited:
It just doesn’t work that way.

The landlord would need to prove you broke the toilet. He can’t do that......

There’s no burden for you to tell him it’s not installed properly. You just live there........you didn’t hire the plumber. You didn’t pick the toilet out or pay for it.

How are you qualified to say it’s installed wrong ? You asked a forum ? A court wouldn’t care what a forum said.

I give expert testimony on occasion in legal cases. Things just don’t work like you’re thinking.

But there’s no problem with you sending a letter.....
Clearly, you've never been Landlord-Tenant Court in New York City.

ALL the Landlord has to assert is that he gave Tenant a perfectly functioning toilet
on day-1 of the Lease. If it was not so, then the Lease would not have been signed,
or, there would have been a provision in the Lease to fix it, or some other stipulation
with regard to a broken toilet.

So the Landlord can simply say Tenant broke the toilet.

It then falls onto the Tenant to prove otherwise.

And my point is: DOCUMENT.

Then Tenant stands on firm ground.

Otherwise its Landlord's word against Tenant and without strong proof FOR the Tenant,
the Court will uphold Landlord's claim that when Tenant took occupancy of the premises
the toilet was 100% perfect, that Tenant had inspected premises prior to taking occupancy
and had not noted anything malfunctioning or untoward.

Court will hold for Landlord and against Tenant.

Case closed.

Tenant loses security deposit.
 

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