San Jose, CA asked in Landlord - Tenant for California

Q: Am I liable for a $500 water bill that my landlord said was caused by a leaking toilet in my apartment? He pays water...

He said my toilet was leaking for at least 25 days which resulted in over 100,000 gallons of water going back down the drain. He said it was my responsibility to report the leak to him right away. I told him I was not aware of any leak or I would have. He gave me a deadline to pay the bill or make arrangements by Oct 5, 2015 or I would be given a 3 day notice to pay or quit...I've lived here for 8 years and never paid rent late....am I legally responsible to pay this bill? Can he give me a 3 day notice? The landlord pays water, trash and sewage....

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1 Lawyer Answer

A: There is no quick, decisive answer to your question. Who is responsible for repairs to the property? The lease may specify you. If you are, is the leak repairable without replacing the toilet? If not, it is probable that if a plumber states that it cannot be repaired for a reasonable price, the landlord may have to pay to replace it. How did the landlord determine the volume of water wasted? Check with the water company. Furthermore, if you were not aware of the problem, it might be reasonable for the landlord to notify you, and you would be responsible only for that water wasted by you AFTER he notified you and gave you a reasonable time to fix it (a sort of repair-and-deduct rationale in reverse).

Several issues need to be resolved, so negotiate calmly, in good faith. If the landlord is stubborn and the amount of money at stake is worth it, consult an attorney.

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