How bad is this lease agreement?

Question

Good day to all,

I was asked by a local landlord for some advice how to deal with a tenant he is having problems with. At the beginning of the month of May tenant replaced a toilet without a landlords permission.  The tenant did give a verbal notice about it not flushing fast enough.  Three weeks later the Tenant hired a handyman and had it replaced.  That month tenant withheld $500 from $1200/m rent.  The house has two bathrooms so the landlord thought he would fix the problem first week of June.

Two days ago the tenant called and said the garbage disposal is not working and told landlord that if its not fixed by end of the month he won't pay rent at all.

Landlord used the attached lease and according to him the Term Start date is April 1st and the End date was left blank.

What are you opinions?  Is this a month to month or is it a 12 month term now due to Renewal term provision?

http://files.myopera.com/flagmax/files/lease1.jpg
http://files.myopera.com/flagmax/files/lease2.jpg

Landlord wants to know what to do.

P.S. There was not background/credit check done.  Got a good reference from tenant parents.

Jeffrey K. · Answer

Jason the reason I use the Champion 4 is because it has a 4" flush valve, all of the internals are glazed, and it has a 1.6 flush (none of that 1.28 bs that does not break up the poop well).  I don't like the "my toilet is plugged up" call.

Steve Babiak · Answer

WOULD YOU EXPECT ANY OTHER KIND FROM A FRIEND OR RELATIVE OF THE TENANT? (yes I was deliberately shouting that!)

Steve Babiak · Answer

The GFCI is a building code and safety thing.  I can't imagine any location in the USA that would allow an electrical outlet near the kitchen sink that is not GFCI protected.  I suggest that the landlord do this one ASAP!  Same for the bathroom sink and laundry tub (if there is one).

George P. · Answer

Wow
Was the lease provided by the parents, too?
Why the urgency and importance of fast flushing? Tenant can't wait to see his feces swim away?
If disposal is not working and they replace it, it'll probably cost the landlord another 500.
Only the judge can instruct the tenant to withhold the rent and the instance of slowly flushing feces won't cut it.
With this in mind, Have your friend start the eviction process asap since the tenant didn't pay the rent in full on time. He might want to do so with the help of an attorney

J Scott · Answer

Damn...next time I need to take a dump, I'm going to one of your rentals!!!  :D

Steve Babiak · Answer

There is nothing wrong with continuing to use two wire outlets.  My only suggestion with those it to use polarized outlet receptacles (one prong opening is larger, the other smaller), and to make sure that they are properly wired (one screw will be collored brass for the "hot" or black wire, one screw will be colored silver for the "neutral" or white wire).

Andy M. · Answer

I called the Building Code Inspections and was told you are not required to go GFCI in the kitchen if its an older building, unless you are doing major remodeling/electrical work or replacing the receptacle.  Replacing the disposal or other appliance is allowed without permits and this does not trigger the new code requirement.

I also looked up the code:
8-904.2.2 Ground fault circuit interrupter (GFCI) protected
receptacles shall be installed where replacements are made
at receptacle outlets that are required to be so protected by
the regular code in effect at the time of replacement.

I do think its a good idea to get you buildings up to code in order to minimize risks of liability down the road.

On similar note, we have some old apartment complexes that have ungrounded electrical outlets (missing 3rd hole) that are operating.  They even pass Sec 8 inspections.

Mike G. · Answer

I agree with Steve on the GFCI outlet.  The landlord should definitely install these anywhere near a water source.

As for the landlord, I recommend he read some of the articles here on BP to wake him up to the reality of landlording.  Especially being in California.

George P. · Answer

if the LL wasn't willing to listen, maybe he shouldn't have asked for advise. The tenant is clearly testing the limits and trying to see how far he can go before the LL realizes the tenant is in for the free ride. 
Slowly-flushing toilet, disposer, GFCI. What's next?

Andy M. · Answer

Thank you all for great advice and some clean humor.

The landlord thanks you all but still hesitant to take action because the tenants had a kid recently.  I gave him the speech about how to act and be a fair professional LL that I read in many posts on this site.

But the story just keep getting worse.  It seems the LL did get a promissory note that says tenant agrees to pay up to $150 for a new toilet on the last day out of the security deposit.  Oh and they didn't filled out rental application.  Talk about knowing the person.

On top of the garbage disposal, tenant requested GFCI be installed around the kitchen sink.

@Shantee Haynes,

1. Yes, if its the tenants fault, you can deduct from rent.

2.  The basic requirements and steps for using the repair and deduct remedy are as follows:

1. The defects must be serious and directly related to the tenant's health and safety.158
    2. The repairs cannot cost more than one month's rent.
    3. The tenant cannot use the repair and deduct remedy more than twice in any 12-month period.
    4. The tenant or the tenant's family, guests, or pets must not have caused the defects that require repair.
    5. The tenant must inform the landlord, either orally or in writing, of the repairs that are needed. (See "Giving the landlord notice".)
    6. The tenant must give the landlord a reasonable period of time to make the needed repairs.

What is a reasonable period of time? This depends on the defects and the types of repairs that are needed. The law usually considers 30 days to be reasonable, but a shorter period may be considered reasonable, depending on the situation. For example, if the furnace is broken and it's very cold outdoors, two days may be considered reasonable (assuming that a qualified repair person is available within that time period).

How bad is this lease agreement?

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