Tenant eviction in process with requested repairs?

10 Replies

As the title states, I'm currently evicting a tenant (we file we sheriff tmrw). The toilet is broken, due to their neglect and with no sense of notifying me. With them not paying rent the last 3 months, should I rush this repair to avoid conflict? I just want these folks GONE!

Water to the toilet is completely turned off now, mind you the tenant hasn’t responded in months and poof like magic there back!

This may vary by city/state, but in California, the landlord is required to make a rental unit habitable. This includes having at least one working toilet. Thus, if you were informed that only toilet in the rental was not working, I strongly suggest fixing it immediately. If the rental has more than 1 toilet, then it would not require immediate repair. Hope that helps.

This may vary from region to region, but in California, landlords have to make rental units livable. Therefore, if you are told that the toilet in the lease does not work, I strongly recommend that it be repaired immediately. I hope it will be helpful.

Originally posted by @Tom Kaz :

As the title states, I’m currently evicting a tenant (we file we sheriff tmrw). The toilet is broken, due to their neglect and with no sense of notifying me. With them not paying rent the last 3 months, should I rush this repair to avoid conflict? I just want these folks GONE!

Water to the toilet is completely turned off now, mind you the tenant hasn’t responded in months and poof like magic there back!

Have you already appeared in court & received the writ yet?

 

Moving forward, you might want to add language to your lease which addresses this, which I got from @Nathan G. , if I remember correctly.  (It's buried in the provision about halfway through.)

15. REPAIR AND MAINTENANCE: You acknowledge that you have inspected the apartment and are fully satisfied and accept it in its “as is” condition, except as otherwise agreed by you and us in writing. You must maintain your apartment in a clean and sanitary condition including prompt removal of trash and garbage and placing it in a collection point container. You must regularly clean the bathtub grout and caulk seams to mitigate the growth of mildrew. You must maintain the walking surface of your exterior steps and/or deck so as to minimize injury from slips, trips and falls by you or others due to weather or other conditions. We will maintain heating equipment, plumbing fixtures and facilities, electrical systems, and appliances provided by us. We are not obligated to make repairs if you are delinquent in rent payments unless an emergency situation exists. Any damage to your apartment or the Premises, except for normal wear, caused by you or your invitees will be corrected, repaired, or replaced at your expense. Broken glass is your responsibility and expense. We are not responsible for items damaged by the failure of the appliances or the supply of water/gas/power to those appliances, including but not limited to the loss of food. You must immediately notify us in writing of any needed maintenance or repair. You must inspect your smoke detector at least once a month to determine if it is working properly and notify us of any deficiency. This rental unit is not equipped with a fire sprinkler system.

Originally posted by @Tom Kaz :

@James Wise yessir, just waiting for the call from the sheriff..

Then you've got nothing to worry about. Do not return any communications from the tenants. Whatever problem they are complaining about is irrelevant. Next time you see them is when your crew will be tossing their items out of the house.