Landlord Won’t Reimburse Me For Emergency Plumbing Services In Nj

Need some advice and guidance going forward with my landlord. Two weeks ago raw sewage was backing up out of a pipe in the basement of our rental. It was actively flowing out of the pipe, and I was afraid of the pipe bursting or the basement being flooded with sewage. This occurred at about 7:30 pm. I called my landlord immediately, and it went straight to voicemail. I left a message as well as sending a text message letting him know what was going on. I also tried calling his wife, who also went straight to voicemail, and called the plumber that he routinely uses, who did not answer. With the safety and health of my family in mind, as well as avoiding a complete disaster, I called an emergency plumber that was able to come in 45 minutes.

The emergency plumber snaked a large clog out all the way to the manhole in the street. He said there were tree roots and debris blocking the pipes, as well as noting how old the pipes were. He said it was very hard for sewage and toilet paper to get through. He also cleaned up all of the sewage off the basement floor and bleached the area. On his way out, he charged me $1500 which did not seem like an offensive amount to me. For an emergency response after hours for backed up sewage, you’re hard pressed to find anyone to do so for under $1000.

I paid the plumber and subsequently forwarded the invoice marked paid in full to my landlord. I asked him how he’d like to proceed with reimbursement (a check or deduction of rent). He said I paid “way more than necessary,” and that he “got quotes from 3 plumbers and they all came back between $400-600 for the job performed, even in an ‘emergency’ situation.” He said he would be willing to send me a check for $600.

I replied saying that I expect the full reimbursement. I explained that I made every attempt to reach him, his wife, and his plumber, and that I had no other emergency contact in a situation like this. Time was of the essence and I had neither the ability nor the time to shop around and negotiate prices. In fact, I likely saved him more money than had I packed up my family, went to a hotel, and let the problem get worse until he turned his phone on and replied. I went on to say that this was extremely urgent and, contrary to what he said, $1500 is in line with the industry standard for the work performed based on a simple Google search.

The landlord has not replied to this text, which I sent a week ago. The question is what to do going forward. Withholding rent is dicey and puts me on defense. I would prefer to go on offense if he doesn’t fold and realize that this is his responsibility. A caveat is that the lease term ended last month. I have not been offered a new lease yet. What my landlord does not know is my bid was just accepted on a house, with a far out closing date sometime between March 15-April 15. I need to survive as a month to month tenant until then. My thoughts are continue paying rent, remind him, make my last rent payment on March 1, and write a letter to his house demanding full reimbursement or I will be filing a lawsuit.

Some relevant lease terms are as follows. The lease holds me responsible for any repairs caused by my own actions or negligence. There has been neither any explicit statement nor suggestion from the plumber that this was my fault. Secondly, I must use the plumbing (among other facilities) in a safe manner, which in my opinion is ambiguous.

I’m open to suggestions on how to proceed from both a legal and practical perspective going forward. TIA