Legal Question in Real Estate Law in California
in the mobile home park where i own my home, we had plumbing issues, and anything from the ground up is the responsibility of the home owner, ground down, it is the parks. after clearing my drain, it was in the ground, the management called plumbing service then charged my following monthy rent statement the fee for the plumber. i deducted the plumber fees, and paid my rent and utilities in full, although the following month there was a late charge on the statement and the manager telling me reason being is that i did not pay my rent in full, which i had paid my rent and utilities in full, only not the plumbers bill. can the landlord charge me late fees for this, or should it never of been on my rent bill to begin with thank you state of calif
2 Answers from Attorneys
Here's a thought that might help you to understand the mobile home park's position. There is a difference between responsibility for routine maintenance, on the one hand, and responsibility for damage resulting from one's own fault, on the other. Joe is responsible for maintaining Joe's car, and Sam for his. But when Joe runs into Sam when Joe fails to stop at a red light, Joe is responsible for the damage he does to Sam's car (and to Sam). I am guessing that the mobile home park management is saying you are responsible for the drain problem because some such responsibility-shifting incident has occurred. I suggest you have a friendly discussion with the manager to let them know your side of the story, and maybe work something out so that no one has hard feelings or ends up paying (or not paying) something they should.
I agree with Mr. Whipple. The landlord is required to repair, at his expense, but not if the damage was a result of the tenant's waste. If you flushed something down the toilet that should not have been flushed (I can think of a hundred items) then you are responsible for paying for that repair, and your withholding rent on that ground is improper.
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