Landlord forcing innocent tenants to share cost of repairs

[J1000]

What is the name of your state? CA (Los Angeles County, city of Inglewood)


I live in a building of 7 units. One of the tenants is clogging the plumbing with baby wipes and tampons. Our landlord is unable to determine who it is. They all deny it. I don't use baby wipes or tampons (I'm a man with no kids). However, since the landlord is unable to know who is responsible, she is making all the tenants in the building share the cost of the repair. I feel this is very unfair for those of us who are not causing the damage. What is the right thing to do in this situation? Am I supposed to go around to all the tenants and play detective? I am spending my hard-earned money on something I am not responsible for. Is this even legal?

The other issue for me, is that I live in an area that is not rent-controlled. So if I refuse to pay for the repair, the landlord can just raise my rent, or take the money out of my security deposit. What do people do in a situation like this?

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[Gail in Georgia]

It is not unusual that when a landlord may attempt to have all tenants pay for a repair when the real tenant who is responsible will not be forthcoming on an issue; this is especially true if this is a repeat problem.

If you have a lease your landlord cannot increase your rent until the lease expires. Even if you have a "tenancy at will" the landlord would need to provide adequate notice regarding any rent increase. You can refuse to pay and find another rental situation (if on a month to month tenancy); your landlord also has the option of not renewing your lease at the appropriate time

Has it been determined that the wipes are the cause?

What is the plumbing bill and how much would your share be when divided between the 7 units?

Gail

 

[Zigner]

The other issue for me, is that I live in an area that is not rent-controlled. So if I refuse to pay for the repair, the landlord can just raise my rent, or take the money out of my security deposit.

If you are still under a lease and not a month-to-month rental agreement, the rent amount cannot be increased until the expiration of that lease (as was indicated above.) The landlord won't be able to successfully take this out of your security deposit, and if he tries, you can probably get treble damages.

(https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1950.5)
(l) The bad faith claim or retention by a landlord or the landlord’s successors in interest of the security or any portion thereof in violation of this section, or the bad faith demand of replacement security in violation of subdivision (j), may subject the landlord or the landlord’s successors in interest to statutory damages of up to twice the amount of the security, in addition to actual damages. The court may award damages for bad faith whenever the facts warrant that award, regardless of whether the injured party has specifically requested relief. In an action under this section, the landlord or the landlord’s successors in interest shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits.

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[FarmerJ]

Curious ? how many women live in the building ? how many babies live in the building? , How frequently has the main sewer line been clogging and lastly are there any tenants there who appear to be or are disabled in a way where someone in their apt uses wipes to clean them up ( like someone who wears adult incontinence briefs AKA known as adult diapers ?. If you refuse to pay this extra repair bill and your LL tries to take it out of your deposit your LL will look SO foolish in court its not funny when she tells the judge there were feminine sanitary products that were clogging up the sewer besides baby wipes there and your male household was 1/7 th responsible and as you were told your LL can raise your rent with proper notice that meets the terms of your lease. ( I wonder if your LL has looked into installing a extremely heavy duty sewage grinder on the main line . ( ive seen wipes that claim they are septic and sewer safe , but know from experience with changing my neighbor ladies septic tank pump when her mom was alive that those things are not septic -sewer safe even though the packages claim they are and most of the small towns here regularly include notices reminding people to not flush them because they clog the sewage plants up.

 

[J1000]

Thank you folks for all the replies. I appreciate it. Regarding my lease, I have been here almost 2 years. I am month to month now. So my landlord could raise my rent whenever she wanted to, if she decided to. My relationship with my landlord is very good. No problems really.

There was a clog and cleaning a few months ago which was very expensive. I don't know what the cost was but my guess is a couple thousand bucks? At that time she notified all of us about the baby wipes and tampons in the pipes. Then it happened again. This time it wasn't that expensive, only $150. I don't know what they did, maybe they were able to clear it with just a snake. Anyway I'm being asked to pay $25 (it is actually 6 units here now that I remember correctly). Which isn't that much of course. But it is just the principle of it to me. And what if it occurs again? It sets a precedent that I just pay up every time for something I have nothing to do with.

Yes there are women in the building, and I know of at least one baby. As far as a person with incontinence, I don't know. There was one older man here, but he moved recently, but for an unrelated reason.

I was thinking of going through the dumpster and going through people's trash to see if I could piece together who it is. Of course that seems rather extreme, but that was the only thing I could think of. If they are just going to lie and deny it, the only way to figure it out would be to catch them in the act which is impossible.

So technically, this is perfectly legal to make me pay for this, even though she told me she is "fairly certain it's not you"? Of course she knows it's not me! But she says to leave someone out could be considered discrimination.

I am not interested in getting into any legal issue with my landlord. We have a good relationship and I want to keep it that way. I don't want to give her extra incentive to raise my rent either. I was hoping there could be some way to resolve this. But I think the only real way, is to find out who the responsible party is, somehow.

 

[FarmerJ]

150 sounds like a sewer auger cleaning fee where they ran the cutting tool in the line to chop up the clog. its not fair and its really up to you at this point, if you refuse to pay then the LL can choose to raise your rent or give you a proper notice to vacate IF such a act is not addressed as retaliation in your states landlord tenant laws.

 

[J1000]

150 sounds like a sewer auger cleaning fee where they ran the cutting tool in the line to chop up the clog. its not fair and its really up to you at this point, if you refuse to pay then the LL can choose to raise your rent or give you a proper notice to vacate IF such a act is not addressed as retaliation in your states landlord tenant laws.

I am just going to pay it but it is not a good feeling, because ultimately this is not a solution to the problem. It could just happen again and I would have to pay again. There is only one solution and that is in the control of another person.

I have absolutely no control over my own money in this situation. The only control I have would be to move out. Which is the last thing I would want to do.

 

[Zigner]

I am just going to pay it but it is not a good feeling, because ultimately this is not a solution to the problem. It could just happen again and I would have to pay again. There is only one solution and that is in the control of another person.

I have absolutely no control over my own money in this situation. The only control I have would be to move out. Which is the last thing I would want to do.

I would suggest that you (politely) put your concerns in writing along with the payment. Let the LL know that you are paying this only because you appreciate the (otherwise) good relationship you've had and you wouldn't want to jeopardize this over such a small amount.

 

[Gail in Georgia]

Zigner made an excellent suggestion.

Gail

 

[FarmerJ]

Consider getting some very nice rubber gloves or consider buying a 100 count box of disposable ones and go thru the garbage bag by bag while video recording and if you find empty wipes container in the same bag where there is junk mail or unwanted mail with the tenants name on it then send a copy of it to the landlord ( or burn it to a blank disc and give a copy to the landlord so the LL can make it simple and not only go after that tenant billing them for the WHOLE cost of the repair if the main line is clogged by wipes again. As well as use that tenants refusal to pay as grounds to evict or wait until the tenants lease allows for it and refuse to renew with them.

 

[J1000]

Well, it turns out I saw my landlord yesterday. They are fixing up the unit next to mine to get ready to rent it. I got a chance to talk to her about the plumbing. She said that she knows it's not me and she said she wasn't going to make me pay for the repair. She said that I was the only one that complained about it, which surprised me. But I think I pay quite a bit more than the other tenants as I am the newest one. She just said to not tell any of the other tenants.

She has told me that she doesn't believe in jacking up the rent on tenants and gouging people like that. But the area I live in is near where they are opening that huge NFL stadium and complex in 2020 so I would be surprised if her feeling about that doesn't change at least a little as the valuations increase moving forward. Unless my area adopts some rent control laws, which seems unlikely, there will probably come a day where I won't be able to afford this place. Anyway, for now, we are on good terms and we are able to discuss things respectfully and reasonably, for which I am thankful.

 

[FarmerJ]

If your the newest tenant Im wondering if she is going to raise the others rents up when the leases allow in order to address the extra cost.