[excon]

Hello again, S:

You have TWO legal issues at work here. It would serve you NOT to confuse them. The first issue is whether you should pay for the repair. The second is whether the landlord can unilaterally and arbitrarily take money for the repairs OUT of your rent check.

The first issue can't be decided here. But, the second one can. The REASON the second one can is demonstrated by the discussion we've been having over the FIRST issue. You think THEY should have paid for the repairs for thus and so reasons... We think YOU should have paid for the repairs for thus and so reasons...

But, what that back and forth demonstrates, is that there IS, in fact, a QUESTION about whether you were legally responsible for the debt... That is exactly WHY the issue needs to be addressed by a court of law... That is exactly WHY the landlord can't arbitrarily make that decision himself. That is exactly WHY we have courts in the first place.

So, whether the tub was rusted or not, or whether you were negligent in your shower taking, or not, or whether the repairs were good, and/or whether you could have done it cheaper, are not relevant to the second question...

I rented a non smoking room in a hotel. Apparently, somebody was smoking in my wing, and when the staff investigated, they determined the smoke was coming from MY room. The hotel has a "policy" of charging people who violate that policy $250..

This is the SAME situation... Since I disputed their claim, whether I violated their policy, was a question for a court of law. Instead, they arbitrarily charged my credit card an extra $250. Of course, they couldn't do that - just like your landlord can't arbitrarily take your money.

excon

[SamanthaSamples]

No. And they should replace the tub. It appears to be rusted out. And I doubt that is your fault.

If the LL applies your rent to a damage claim, and seeks to evict you or otherwise takes you to court for this, I would make sure there are plenty of pictures. My cell phone takes pictures and is very handy in this regard: I am never without a camera.



A normal, painted, bathtub?

I think a close-up picture of where the hole was "fixed" would be helpful.

You can't tell that the hole was even there because it was painted over. So yes it would look like there is nothing there. They painted the WHOLE bathtub the same color so you couldn't tell. Okay. Well thank you. (:

[ScottGem]

First off, they spray painted it and used the wrong kind of paint, Its clumpy and already starting to crack in some places....

because they didn't do a good job at all, and weren't professionals. And what would a camera do NOW that its fixed? I would just be taking a picture of a normal bathtub not the hole. I had to have it fixed right away or I couldn't use my shower.

If they didn't do a good job, pictures would show that.

[SamanthaSamples]

If they didn't do a good job, pictures would show that.

Yeah true. But that still doesn't help my question of CAN they refuse to take my FULL rent payment, because my rent statement says I owe just my rent not the $215 for the tub repair. So if I pay my $610 rent can they refuse to take that? But anyway I am going to pay it in the morning tomorrow so I will let everyone know the outcome.

[ScottGem]

Yeah true. But that still doesn't help my question of CAN they refuse to take my FULL rent payment, because my rent statement says I owe just my rent not the $215 for the tub repair. So if I pay my $610 rent can they refuse to take that? But anyways I am going to pay it in the morning tomorrow so I will let everyone know the outcome.

Yes but that question was answered already. Legally they can't. If they do and then try to evict you for non payment you have a case in court.

But frankly, I'm beginning to wonder about this. As I pointed out, if the repair was such a botch job you would have pictures to prove it. I find it hard to believe you could not at least borrow a camera to get proof of the bad work. And if the work was as bad as you described, there would still be visible evidence. I also find it hard to believe someone could punch a hole through a bath tub wall. If it was an old cast iron tub that was rusted out, repairing would be difficult and expensive. Plus I think there would be additional signs of damage. If it was a newer fiberglass tub, it wouldn't rust out. So, yes I think you should pay the repair bill and chalk this up to experience.

[joypulv]

I know this is beating a dead horse but there are steel tubs with enamel paint, so cheesy that few people bother to install them anymore (I did once). They chip and rust as easily as vintage kitchen enamel on steel, the kind that was usually white on the inside, dark color on the outside, with a black rim. Repainting them means sanding down the rust and the smooth paint, and it rarely works.

As for cameras: I don't own a cell phone and hadn't owned a camera until recently. I can believe all of this story.

[SamanthaSamples]

Yes but that question was answered already. Legally they can't. If they do and then try to evict you for non payment you have a case in court.

But frankly, I'm beginning to wonder about this. As I pointed out, if the repair was such a botch job you would have pictures to prove it. I find it hard to believe you could not at least borrow a camera to get proof of the bad work. And if the work was as bad as you described, there would still be visible evidence. I also find it hard to beleive someone could punch a hole through a bath tub wall. If it was an old cast iron tub that was rusted out, repairing would be difficult and expensive. Plus I think there would be additional signs of damage. If it was a newer fiberglass tub, it wouldn't rust out. So, yes I think you should pay the repair bill and chalk this up to experience.

Can you just STOP posting on here? You are being rude and stupid.

[SamanthaSamples]

I know this is beating a dead horse but there are steel tubs with enamel paint, so cheesy that few people bother to install them anymore (I did once). They chip and rust as easily as vintage kitchen enamel on steel, the kind that was usually white on the inside, dark color on the outside, with a black rim. Repainting them means sanding down the rust and the smooth paint, and it rarely works.

As for cameras: I don't own a cell phone and hadn't owned a camera til recently. I can believe all of this story.

THANKKKK YOU :DD You are nice. Haha.

[smoothy]

Can you just STOP posting on here? You are being rude and stupid.

Scott is one of the site Moderators... I mistakenly typed administrators.

Getting nasty isn't going to win favors or score points. And its not a battle you could win if you chose to make it one.

I didn't see anything he wrote as not being valid points to make. I am familiar with the process and have actually had a repair to a damaged tub done (I had it done. Watched the whole thing but I didn't do it myself). A decade later its just starting to show wear at the point the repair was made. (Damage was caused by a dropped hammer)

[ScottGem]

Can you just STOP posting on here? You are being rude and stupid.

First, may I call your attention to the guidelines for using the comments feature found here:

https://www.askmehelpdesk.com/feedba...ure-24951.html

Apparently your negative comment was already removed since it violated the guidelines.

When you post on a site like this you open yourself up to any responses as long as they do not violate the site rules. And you do NOT dictate who can or cannot respond to your posts or how they respond as long as there is not violation of the rules.

I was neither rude nor stupid. I expressed my opinion based on the facts as you presented them. You may disagree with that opinion and ignore my advice, but being insulting and abusive is not an option.

[joypulv]

(And I'm not too thrilled by being thanked at the expense of someone else. Try to keep emotions in check and pick out what you want from advice.)

These are some interesting topics though.
- Right to refuse a partial rent payment
- Right to deduct repairs from rent and then claim rent is only partially paid

The first one probably won't show up in state tenant law statutes. It seems to be basic contract law that you can refuse? I remember back when you wrote 'accepted with prejudice' on the check, but I'm not sure that ever held up in court.
The second I think also is basic contracts. Similar to the post here recently by the person who stopped paying rent because he was renting from a vendor who owed him money - you can't mix two distinct debts.