Is a malfunctioning bathtub drain stopper switch normal wear and tear or property damage under broken fixture?
It's a shared bath so harder to point fingure at one tenant. It's also an old house I purchased a year ago and I don't have records as to when that drain stopper switch was replaced.
One thing, with old tenants, I had to cover fee to unclog drain when it was clearly one of the tenants who dropped a big piece of plastic in the drain hole. I should've charged each equal portion back then. But how should I proceed with this drain stopper situation? Should I charge them or bite the bullet?
This is what the lease says:
MAINTENANCE OF PREMISES, TENANT: The Tenants shall be liable for repairs to the premises, fixtures and appliances that are damaged as the result of Tenant’s (or Tenant’s guests and invitees) carelessness, misuse, or neglect. For example: clogged drains, broken doors and windows, screens, disabled or detached smoke detectors, fire extinguishers, frozen pipes resulting from keeping the heat in the Premises too low during cold weather, overloaded circuits, damaged greenery and foliage, and other damages to the Premises that are caused by the Tenants or their guests/permitees/invitees shall be charged to the Tenant. Tenants shall not be liable for any repairs or replacements of damaged items that are due to REASONABLE WEAR AND TEAR. Factors considered to establish reasonable wear and tear shall include: the age of the item in need of repair or replacement, the extent or cost of the damage in relation to the original cost of the item, the number of users (total) of the item, depreciation of the item, and any other relevant factors. In the event that Landlord must make repairs for damages that are beyond reasonable wear and tear, Tenants shall be liable for and agrees to pay the cost of said repairs upon the presentation of a written, itemized bill. In the event Tenants fail to pay the bill within fifteen (15) days of his receipt of the bill said cost of repairs may be deducted from the security deposit of the Tenants after that time. Tenants agree to move trash and recycling bins to the curbside in time for the weekly trash removal and return said bins to the Premises once the trash has been removed.
