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Toilet seat = partial constructive eviction... - Landlord Forum thread 357658








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Toilet seat = partial constructive eviction... by Anonymous on June 4, 2018 @01:45

                              
Hi,
I am a landlord for a home in California. The property was rennovated and is basically brand new throughout. A couple years in and renter complained of a wobbly toilet seat and requested both toilet seats replaced and scheduled two days of availability. I replaced the seat and had him inspect and try it out prior to leaving the property he okíd it. The next morning I get a demanding complaint that itís wobbly again. I offer to come over immediately and check it out. I offer to try a new brand of seats and he leaves to work. I spent 6 hours trying 5 brands of toilet seats until I found ones that didnít wobble or fall down but during my back and forth to the hardware stores he happened to come home from work for a break. I was out at the moment for 15-20 minutes. When I came home he was infuriated and said he came home to no toilet. (The seats had been removed for replacement). I said there are two toilets here and Iím in the middle of working on them. He left.

End of month we get a check with the day of the toilet repair deducted from the rent by the tenant with a long letter in legalese (tenant is a lawyer) that the actions constituted a partial constructive eviction, some liability clause and a few others. I was stunned. I feel what he did isnít legal? Any thoughts?
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Re: Toilet seat = partial constructive eviction... by Garry (Iowa) on June 4, 2018 @09:15 [ Reply ]
It's hard to argue with a nut-case. You tried your best to satisfy him, and apparently, you have, now. Otherwise, his letter would contain wording about you hiring a plumber to fix the problem, and he may have taken even more off the rent til he was satisfied. You're probably right. The deduction was not "legal". But take the high road here, and just eat the 1 day's loss of rent, and be thankful you don't have to meet him in court.(yet)
Re: Toilet seat = partial constructive eviction... by Dave on June 4, 2018 @09:29 [ Reply ]
......a couple of years into the tenancy .?..... if this tenant was good tenant for a couple of years then freaked out over his toilet seat,.....sounds to me there are other things going on in his life that really have no bearing on you..

Grin and bear it and frame his lawyer letter for your wall. Maybe he'll apologize,........or maybe he's. Getting disbarred and you'll be having bigger problems when he can no longer pay the rent.
Re: Toilet seat = partial constructive eviction... by Anonymous on June 5, 2018 @06:00 [ Reply ]
Be set to not renew lease with this T. You just experienced what you could be dealing with, should any future issue come up. Learn from it, and find a new T.
From the T point of view. Why did you need to remove both toilet seats if you needed to leave to get replacements? Were they a hard to match, and different color? If not, you should have dealt with one toilet seat at a time, in doing the repair.

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