1. Your choice once the toilet overflowed was to clean up the water on the floor.

2. Instead, you chose to contact someone to address the issue of the clog.

3. The toilet was no longer overflowing after the initial problem. Thus, there was no need to call someone at 4 am to unclog the toilet. Since you chose to do this, you get to pay for it. Two attorneys have told you this.

4. If you do not have a lease (i.e., you are a month to month tenant) you are free to provide your landlord with the appropriate written notice to terminate your tenancy and find another place to live that, hopefully, does not have these plumbing issues.

Gail