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	<title>Comments on: Who is at fault??</title>
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		<title>By: Landlord</title>
		<link>http://www.rentalprotectionagency.com/tenant-rights/who-is-at-fault#comment-10926</link>
		<dc:creator><![CDATA[Landlord]]></dc:creator>
		<pubDate>Tue, 16 Mar 2010 09:10:25 +0000</pubDate>
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		<description><![CDATA[The question is more about WHY the toilet stopped working.  In my opinion I would just fix the toilet and keep my tenant happy.  A leaking toilet is usually a very simple fix and will cost you probably no more than $12 for new plumbing parts.
Most likely, the tenant didn&#039;t cause the toilet to malfunction due to neglect or failure to maintain it.  Its just one of those things that happens and should probably be your responsibility as a landlord.
To avoid this problem in the future you should change your agreement.  If the wording leaves too many questions such as who is responsible etc,  it probably isn&#039;t doing you much good to have it in the contract.  I&#039;ve been doing this long enough to know that your tenant will say that it isn&#039;t his fault, even if it was.    Instead, in your lease agreement you can have wording that says something like this:
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Repairs and Responsibilities
Tenant is responsible for any and all repairs regardless of fault up to the amount of $50.  Any repairs above $50 will be the responsibility of the landlord unless the repair or damage was caused due to neglect or irresponsibility; then the amount shall be entirely the burden of the tenant.  Furthermore, tenant shall only use professionally state licensed individuals to preform said repairs.  
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I use something similar to the above paragraph.  It seems to prevent a lot of questions and repair problems.
I hope that helped.]]></description>
		<content:encoded><![CDATA[<p>The question is more about WHY the toilet stopped working.  In my opinion I would just fix the toilet and keep my tenant happy.  A leaking toilet is usually a very simple fix and will cost you probably no more than $12 for new plumbing parts.<br />
Most likely, the tenant didn&#8217;t cause the toilet to malfunction due to neglect or failure to maintain it.  Its just one of those things that happens and should probably be your responsibility as a landlord.<br />
To avoid this problem in the future you should change your agreement.  If the wording leaves too many questions such as who is responsible etc,  it probably isn&#8217;t doing you much good to have it in the contract.  I&#8217;ve been doing this long enough to know that your tenant will say that it isn&#8217;t his fault, even if it was.    Instead, in your lease agreement you can have wording that says something like this:<br />
&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8211;<br />
Repairs and Responsibilities<br />
Tenant is responsible for any and all repairs regardless of fault up to the amount of $50.  Any repairs above $50 will be the responsibility of the landlord unless the repair or damage was caused due to neglect or irresponsibility; then the amount shall be entirely the burden of the tenant.  Furthermore, tenant shall only use professionally state licensed individuals to preform said repairs.  <br />
&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;&#8212;-<br />
I use something similar to the above paragraph.  It seems to prevent a lot of questions and repair problems.<br />
I hope that helped.</p>
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