landlord charging deductible on repairs?

so my landlord is trying to say that i am responsible for the first $75 of the repair of a leaking toilet (the "output" side is leaking at the base). i can't help but feel that this cannot be legal. it is written in the lease, but does say that the landlord is fully responsible for repairs related to any "health and safety" issues. he says his lawyer says that only means major repairs like leaking in the foundation or something. i think he's a moron and is jerking me around.

what say you?

btw, baxter, the 50 character limit on thread titles is fine, but don't delete my whole damn post when the title needs changing. and especially when my title was 51 characters

If you were one of my tenants I would fix it no questions asked. Unless of course my plumber says it looks like you ripped the toilet off its base and tried to seal it back together with tooth paste in the hope no one notices....

You have words in your lease saying that you are responsible for the first $75 of repairs?

Fixing the toilet definately counts as a "health" thing in my book. My gut says he is screwing with you.

I am not taking sides but waiting for action may not be on your side. If that is the situation, here are some helpful links.
http://www.ronhazelton.com/howto/Toilet_Replacement_video.htm
http://www.monkeysee.com/play/7523

If he wants to let his subfloor rot away, so be it.

tell him that leaking sewage is health and safety. Also tell him he fixes it at no cost or you go to the building inspector/housing authority.

Poop on his front porch, then tell him that it's ok, as it doesn't affect his health or safety, by his lawyer's definition.

its a slab foundation.

i pointed him to the section of the lease that says "health and safety", but i think he thinks i mean the part about foundation repairs and roots in pipes. i'll be calling him again (guy only works 4 hours a day, must be nice) tomorrow to point that out directly. he claims that their lawyer says this doesn't fall under that section. i also think i may have a case due to their establishing a pattern of non-enforcement, which would make the clause un-enforceable. there were 4 repairs previously performed that this was not mentioned (stopped up sink faucet, leaking shower into the kitchen below, garage door spring)

also, the guy that owns the place owns a property investment group, so i'm thinking this may be related to them feeling the pinch lately and trying to save pennies where they can. its also annoying that they "don't do e-mail" so everything has to be done in person, over the phone or via fax.

Mould can be a BIG health issue, and I imagine a leaky terlit bowl would be a great place for some fungus spore action.

If all the lease says is "health and safety," your landlord is sadly mistaken if he thinks only in terms like preventing the building from collapsing on his head.

But my guess is he knows that, and is trying to get away with as much as he can.

They are working you like an insurance company does. If they can disallow even a small portion of the debt then they come out ahead.

You can also file a complaint (usually online) with the Attorney General in your state. That really gets their attention.

Here's the Texas Attorney General webpage on tenant rights

Exerpt:

If You Have Problems:

If the landlord won't make repairs needed to protect your health, safety, or security, and you follow the procedures required by law, you may be entitled to:

End the lease;
Have the problem repaired and deduct the cost of the repair from the rent; or
File suit to force the landlord to make the repairs.

You MUST Follow These Steps:

Send the landlord a dated letter by certified mail, return receipt requested, or by registered mail, outlining the needed repairs. You may also deliver the letter in person. Keep a copy of the letter. Be sure that your rent is current when the notice is received.
Your landlord should make a diligent effort to repair the problem within a reasonable time after receipt of the notice. The law presumes seven days to be a reasonable time, but the landlord can rebut this presumption. If the landlord has not made a diligent effort to complete the repair within seven days and you did not have the first notice letter delivered to your landlord via certified mail, return receipt requested, or via registered mail, you will need to send a second notice letter regarding the needed repairs.
If the landlord still has not made diligent efforts to repair the problem within a reasonable time after receipt of the notice letter sent by certified mail, return receipt requested or by registered mail, you may be entitled to terminate the lease, repair the problem and deduct the cost from your rent, or get a court to order that the repairs be made. You should consult with an attorney before taking any of these actions."

on the other hand..... a wax ring and new toggle bolts is all of $7.95

My concern about fixing it yourself is if you get in there and it's not the ring but something far more costly then the landlord could somehow hold you responsible for "damages". I wouldn't put it past someone who is already playing games with you.

i'll be calling this bob costas tomorrow and giving him the full on verbal assault about this. problem is, he's just a middle man for the old guy that owns the place, so yelling at him will probably only get me to "i'll have to talk with Mr. xxx and get back to you"

Mojo did ok for somebody who's not a lawyer in Texas.

Follow that advice, and if it doesn't work, PM me. I might know a guy who can help you out.

OK let me chime in here. there's only two ways i could see that you are responsible for the repair.

1. you had a raging party, you lit your couch in the backyard on fire and some them someone threw a m-80 in the toilet, but later that night your roomate had sex with a drunk girl using the toilet as a couch and broke it...true story...(they both blamed it on each other, funny enough the m-80 didn't do the damage)

2. the repair needed to happen a long time ago and you put off notifying him. making the damage worse and the repair more expensive.

let me know if i can help, i've been a landlord for over 13 years and have over 100 tenants right now...

EastCoastMojo wrote: My concern about fixing it yourself is if you get in there and it's not the ring but something far more costly then the landlord could somehow hold you responsible for "damages". I wouldn't put it past someone who is already playing games with you.

Replacing a ring will show nothing..... hell.... A toilet can be as cheap as $35 at home depot

depends on the quality of place you are renting.

Thanks Billy, i had hoped you might have some insight on this. i also found similar info on the web.

as for replacing the ring, i know its easy to r&r, but info i've found says that any repair should be done by a licensed professional. which makes sense, since i don't want to get blamed for ham fisting the repair if i didnt make it worse.

Fix it yourself and you'll likely be found responsible by the leasing company for something that will forfeit your security deposit.

Pitch a fit, lawyer up - not necessarily in that order. They've already got a legal team, no reason you shouldn't have one if they're acting like shiny happy people.

A couple local resources: http://www.houstontenants.org/repairqs.html http://www.texastenant.org/rights/repairs/repairs.html

From the second link:

Under Texas law, regardless of what the lease says the landlord is required to repair problems that affect the physical health or safety of an ordinary tenant and are not caused by the tenant, occupant, or a guest. (If the problem developed from normal use of the premises by the tenant, occupant or guest, the landlord is still responsible for repair.) For example, leaking plumbing, rodents, broken air-conditioning in extremely hot temperatures, sewage leaks, shattered sliding glass doors or caved ceilings all affect health and safety. Although a non-working garbage disposal or a leaky faucet is inconvenient, it may not materially affect health or safety.