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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33769
Experience:  Attorney for over 15 years, landlord 26 years
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My landlord but a clause in our contract that says he will

Customer Question

My landlord but a clause in our contract that says he will fix it, but every time he sends someone out. Or comes out himself he charges $100. We electrical sockets that don't work, toilets that don't flush right and we a currently having fecies back up from out toilet. He want $100 for each repair. Is this legal?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Can you tell me what state you are in?

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Do you know the source of the electrical problems or sewer problems?

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Is it something that you did or was it pre-existing when you moved in?

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Is there something in your written lease that states you are responsible for repairs under $100?

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Have you contacted any city inspector about the problems?

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thanks

Barrister

Customer: replied 1 year ago.
I currently live in Florida, I'm not a plumber or electrician, but none of the bathroom fuses work and I've check the breakers. The bathroom toilet just backs up into the shower every time you flush, which forces us to use our guest bathroom. Our garage broke last week and he charged me $100 to fix a $10 part. It do not say anything in the lease about being charged less if its $100. It just says $100) flat fee eveytime some has to come out to do any repairs.
Customer: replied 1 year ago.
I have not contacted the city inspector
Expert:  barristerinky replied 1 year ago.

Ok, in a situation like this, I would suggest contacting the local Housing Inspector or Code Enforcement office because these problems are definitely code violations that you aren't responsible for. The inspector can cite the owner for any violations and force him to make repairs or face daily fines after his deadline to fix. You shouldn't be charged anything if this is a problem that you didn't cause and was already there when you took possession.

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But if there is a clause in the lease that states it is $100 for repairs, then it would be enforceable if you caused the damages and then called the landlord to come in and fix it. A tenant is presumed to have read, understood and agreed to all the terms in the written lease when they sign it.

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However, if you didn't cause the damage or something simply wore out and needed to be replaced, I don't see a judge holding you responsible for that because the landlord is responsible for normal wear and tear.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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