Apartment Living: You Break it, You Buy it by Kate Kemp
Some tenants are under the impression that anything needing repairs is the landlord’s responsibility. Be advised that the landlord is responsible for repairing problems affecting habitability--not your toilet paper holder. In a recent interview, Oakland, Californian Property Manager, James Devonshire* told me about one of the unrealistic tenants he had. “I arrived home from work, to find a letter from one of the tenants. Inside, it was addressed to me, the Housing Authority, and his Lawyer. It said that these items needed to be fixed and (that they were) about to impair his lifestyle: - Toilet is broken.
- Toilet paper holder is broken.
- Bathroom door is broken.
- Refrigerator is no good.
- Alarm (smoke detector) is broken keeps going off every 3 to 4 months.”
Translation of Submitted Letter: - I broke the seat on the toilet.
- I leaned on the toilet paper holder, and it came out of the wall.
- I fell into the bathroom door and it broke.
- I want to complain about the appliances you've given me.
- I forgot to replace the batteries in the smoke alarm.
With a laugh, he let the tenant know that these repairs were not his responsibility. “You break it, you fix it. Even I, as manager, have to pay for stuff broken by myself in my apartment.” Mr. Devonshire understands that he is responsible for repairs specified in the lease i.e. plumbing problems due normal wear and tear, upkeep and safety of the building, etc. “I am by no means a mean, thoughtless apartment manager. I spend a lot of my own money on extra plants for our swimming pool area. The owner isn’t required to do (that)... I also do most of the repairs, which keeps building expenses down and which helps keep our rent down.” Mr. Devonshire points out that tenants will “report broken things coincidentally around the time rent is due, and demand them to be fixed before paying.” Being sneaky will get you nowhere fast. Your landlord will notice if you suddenly turn gobs of ridiculous repair requests around the same time you need to hand him the check. If you think you can get away with it... think again. Your landlord might make the repairs for you... but (if the problems are your fault) he might also deduct repair costs from your security deposit. (Touche!) To find out more about your landlord’s repair responsibilities, consult your lease, and then visit Nolo.com‘s Repairs and Maintenance FAQ section. * Name has been changed | 
