Tenant stuck toy in the toilet and doesn't feel its her fault.

[Sylvia H.]

Have a question for all you landlords out there. I have in my lease a clause which states that the tenant is responsible for keeping the sinks and toilets working. Barring a leak or a gut replacement which happens, I hold the tenant responsible for anything the kids throw in there that's not supposed to be there.  Had a tenant who threw a toy down the toilet, got the toy stuck in the elbow of the toilet and it could not be snaked out. Toilet had to be replaced. Tenant is thinking this is not her responsibility.  I feel it is. Curious as to how other landlords deal with such items. Thanks

[Greg M.]

It's undeniable misuse and the tenants responsibility. 

A very old toilet and a very good tenant, I'd eat the cost. Anything else, they pay for the cost. Claiming they are not responsible for this would infuriate me and not only would they pay for the damage, but at renewal I'd add on an extra $25-$50/month for annoying me. 

FYI, just like carpet and other fixtures, you may only be able to bill the tenant the replacement cost based on the remaining useful life of the prior toilet.