Tenant damaged carpet, denies any wrongdoing

My tenant has been living in my condo for about 10 months, and I don't know how it happened, but somehow the toilet was running and overflowed. The carpet was soaked with dirty toilet water, and not only did it damage my carpet, but it also damaged parts of the unit beneath my condo. My speculation is that the tenant neglectfully blocked the toilet and let the water run. Now he claims that it is my responsibility, not his. He is trying to put me at fault and wants me to pay for all the damage. He is also threatening me with legal action. I think it is the most absurd thing I ever heard. I am the one who is supposed to seek for compensation, not him. He damaged MY property through his negligence, yet he is trying to evade his responsibility. He has NEVER given me any notice about any malfunction in the toilet.

The circumstances were

- The tenant has been living in the condo for approximately 10 months
- During those 10 months, there has been no report regarding any malfunction of the toilet by the tenant
- When toilets are blocked, the effects are immediate, however the tenant has been able to use the toilet without any major problem whatsoever for a whole 10 months
- The landlord (I) was not required to check the toilet for any malfunction. The tenant should have been reporting any malfunctions.
- The same tenant has caused two dryers to malfunction because of improper usage
- The tenant claims that he has only put in toilet paper inside, however the authenticity of this claim is highly questionable, because toilets can only be blocked by certain items that are put inside by the user
- What the tenant is blaming me for is that I am responsible for the blockage, however as stated above, the toilet was running perfectly for the past TEN months.

Who do you think is liable in this case?

You, as the condo owner, are ultimately responsible for the damage to neighboring units. You in turn can hold your tenant responsible if there's specific language in your lease regarding damage that occurs during the duration of the lease, however that is a separate matter. Simply put, the best solution at this point is to make the repairs to avoid litigation from your neighbors and then either collect your repairs from your tenant's security/damage deposit at the time your lease ends (it doesn't sound feasible to renew it with such a tenant) or to pursue your costs with the tenant in a small claims court. Did your city inspect your tenant property before it was rented? If so, you have proof in that inspection if it clearly shows no prior problems existed before your tenant took occupancy.

I would also suggest that when you contact a plumber to have the problem fixed, he/she be very specific on the work order as to what caused the problem. If it was due to faulty old plumbing, for example, that would be your responsibility as the tenant had no control. If it turns out that either toys, the tenant's cat or such caused the problem, your tenant owes you the cost of the repairs.

Good luck.