Can tenant be made responsible for maintenace of toilets ?

[Mark D.]

I am a California landlord. My R/E attorney added a section in our residential Lease amendment that states: "Maintenance of the toilets shall be the Tenants responsibility". Is this correct and enforceable in California?

[Steve Vaughan]

A toilet running or leaking is about 5x more likely than a clog in my experience.  Rotted floors and sky high water bills are in this future.  

The dreaded clogged toilet (at 2am, right? Never happened to me with 3 dozen units over 16 yrs)  is usually a simple fix anyway with a plunger or small snake. 

Having tenants 'maintain' their own toilets is one of the dumbest things I've ever heard suggested.  This lawyer has obviously never owned rentals. They will not tell you when it leaks.  Leaks lead to mold and rot. Maybe say they are financially responsible for clearing self-caused clogs.

Plus, requiring  your tenants self-repair can also bleed into gray areas of equitable interest.  Genius!