New toilet tank pressed up against wall

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JDD said:
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.
Click to expand...

You need to find a legal forum. The plumbing part has been handled.

Glad to have helped 👍
 
Having been both a tenant and a landlord, if you actually *read* a lease, at least around here, it requires you to notify landlord of whatever by regular and certified mail (return receipt requested). Had a girlfriend send a formal notice to her landlord about her water heater - it was leaking, and pilot light would go out: No hot water. He'd been ignoring her for 5-6 weeks. Landlord was upset about the certified letter, since he'd had to travel to the Post Office to get it. {"Never send me certified mail again !!!")
But, Success: Water heater was replaced next day.
​
Jed, that ain't nice! Why you hitting your mule with that 2x4?​
Mike, I don't mean nothing by it, I'm just trying to get his attention.​
 
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So the tenant is responsible for the toilet being installed wrong that the owner had installed by a licensed plumber.

I’d love to work there, no liability for me. 🤣
 
Twowaxhack said:
So the tenant is responsible for the toilet being installed wrong that the owner had installed by a licensed plumber.

I’d love to work there, no liability for me. 🤣
Click to expand...
The elegance of your "logic" defies logic.
 
Riickk said:
Having been both a tenant and a landlord, if you actually *read* a lease, at least around here, it requires you to notify landlord of whatever by regular and certified mail (return receipt requested). Had a girlfriend send a formal notice to her landlord about her water heater - it was leaking, and pilot light would go out: No hot water. He'd been ignoring her for 5-6 weeks. Landlord was upset about the certified letter, since he'd had to travel to the Post Office to get it. {"Never send me certified mail again !!!")
But, Success: Water heater was replaced next day.
​
Jed, that ain't nice! Why you hitting your mule with that 2x4?​
Mike, I don't mean nothing by it, I'm just trying to get his attention.​
Click to expand...
Thank you for furthering my point: document . . . Document . . . DOCUMENT !!!
 
The occupant is never responsible for. installation error.

Have a great day dreaming up scenarios.
 
GReynolds929 said:
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.
Click to expand...
I'm not a plumber.

But I can measure.

How to determine the size of toilet installed?

Thanks!
 
Twowaxhack said:
The occupant is never responsible for. installation error.

Have a great day dreaming up scenarios.
Click to expand...
Must be nice living in that neat, tidy Hobbit world or yours.

Have you ever been in a Court of Law making your case
one way or the other? As either Defendant or Plaintiff?

Have a great life.

While the rest of us deal with the real world.
 
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You measure from the back of the tank to the center line of the closet bolt holes to determine the rough in of the toilet.

To determine what rough in you need, measure from the finished wall to the center of the outlet pipe, plus any needed clearance.

Be sure to factor in the clearance from the wall to the tank that the manufacturer intended. That information is found on the toilets cut sheet.

10”, 12” and 14”. 12” is standard.
 
Twowaxhack said:
You measure from the back of the tank to the center line of the closet bolt holes to determine the rough in of the toilet.

To determine what rough in you need, measure from the finished wall to the center of the outlet pipe, plus any needed clearance.

Be sure to factor in the clearance from the wall to the tank that the manufacturer intended. That information is found on the toilets cut sheet.

10”, 12” and 14”. 12” is standard.
Click to expand...
Any idea why the call it a "rough" in? Good enough for government work?
 
JDD said:
Must be nice living in that neat, tidy Hobbit world or yours.

Have you ever been in a Court of Law making your case
one way or the other? As either Defendant or Plaintiff?

Have a great life.

While the rest of us deal with the real world.
Click to expand...

Hobbit world ? I think we all see what we’re dealing with now........🤡


I’ve been called as an expert witness in court cases involving plumbing.

I’m hired by the plaintiffs lawyer when they sue insurance companies trying to collect on damages that the insurance company is denying the claim.

I’ve also been called to give expert testimony in termite litigation where homes have been destroyed due to termites as a result of leaks that washed poisons away and attracted the termites.

Ive been called to give expert testimony in personal injury cases where tenants have been burned by scalding water.

I could go on on but really that’s not the point here.

The ultimate point, which I’ve already made, is that an occupant or tenant is not responsible for work or materials bought and paid for by the owner.

Why don’t you think the plumber has any liability ? No liability for the owner ?
Those are legit questions........
 
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So, are you saying there is not a scrape on the wall? In the 3rd picture in one of your earlier posts there is a line on the wall just above your finger. It looks like a scrape-- but it could be something else. It doesn't appear to be there in the photo with the old toilet.

Sadly, life is not fair and I've seen very unfair judgments in courts. It all comes down to who the judge finds more credible, but proof helps. They recommend photos upon moving in (dated ones preferably) showing any damages, dirt, etc and photos upon move-out. Sadly, all a landlord has to do is accuse a tenant of breaking something and show a photo of the broken item to claim the tenant did the damage and show a bill for the replacement/repair to "prove" to the court that the tenant did it. Unless the tenant has other photos dated on move-out and never returned or has a credible witness, the landlord will be believed in most cases.
 
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