
Quoting
jk
a lot would depend on the size of the leak. In itself I would not blame an overflow on a clog plus the running. I can describe situations where it could go either way. I suspect the op would likely lose if a case was based on only what has been presented. Negligence has not been proven and it has to be for op to prevail
something as seemingly odd as the age of the toilet could make a difference as old toilets used larger amounts of water and were more likely to overflow when clogged, regardless of a leaky flapper or not. A newer low flow toilet is less likely to overflow when clogged, even if there was to be a leaky flapper, unless the user failed to promptly deal with a clog.
as to liability for the water bill; if tenant was aware of the leak and failed to inform landlord, it's on landlord. If tenant was aware of leak and told landlord, landlords negligence to repair is cause for high water bill and landlord owes. With the facts as stated I would put it on tenant. The only reason i
suggested a different possibility is op stated toilet worked just fine upon move in. That, to me, suggested op believed leak was more recent which could change everything and depending on the facts, i could see everything going either way