Legal Question in Landlord & Tenant Law in California

My landlord is trying to make me pay 700 dollars for the new toilet she put in because the other wasnt working.. can she do this?


Asked on 5/05/11, 9:47 am

1 Answer from Attorneys

Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

Ordinarily, the landlord is responsible for repairs, unless the lease makes the tenant responsible or the tenant caused the damage beyond damage that is ordinary wear and tear.

So, if your lease does not make you responsible for repairs, then you need to determine the cause for needing a new toilet. Did you break it? Did you overstuff it? Was it old and just stopped working? Those are the types of questions that will arise, if the matter goes to court.

Another pertinent matter is whether $700 is a reasonable amount for a new toilet. That's some toilet!

Even if you are responsible for the damage, the cost of repair must be reasonable.

Finally, if the landlord demands payment and you do not pay, you may be subject to being served with a 3-day notice to pay and an unlawful detainer (eviction) action. In that action, you would bring up the matters that I have discussed, above. If the landlord takes the $700 out of your security deposit, when your lease ends, you can bring the landlord to small claims court for a return of the deposit.

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Answered on 5/05/11, 1:07 pm


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