Can a Landlord Evict Us for a Leak in the Bathroom?

Updated on February 28, 2011
A.L. asks from Alameda, CA
21 answers

About a month ago our landlord said there was water leaking in the business downstairs from our bathroom. He came to look and there was no water in our bathroom. He said it's the water that is spilled on the floor when we shower. Since then we've tried to be really careful and have a towel on the floor next to the tub. Today he came by with a carpenter and said it is still leaking and basically gave us advice to not take a bath or take long hot showers because the floors shouldn't get any water on it. My husband told him that was ridiculous since it's a bathroom floor. We have a 3 year old who of course we need to take in and out of the bathtub, but like I said we've tried to be careful. He then said this has never happened before and if it continues he'll have to keep our apartment vacant, which is like saying he might evict us. Can he do that? Shouldn't he have to fix the leak in the floor rather than evicting us? He hasn't sent us anything in writing. We've only lived here for 4 months and we have a one year lease. We've never been late on rent, but he did come by once to say the water bill was really high. He pays water for the whole building. There is another apartment and a nail salon downstairs. Thanks in advance for all your opinions.

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H.W.

answers from Portland on

Is there a problem with the drain, under the floor somewhere? I lived in an old building a long time ago, and the unit above me had some problem with the bath drain--perhaps it accidently disconnected, but my bathroom was flooded. So, although the landlord is thinking it's you, it might be worth it for him to get a professional in. (BTW-- my grandfather was a landlord and was always talking about "jerry rig it"... I actually thought Jerry Rigit was a person! All that to say, sometimes people are very good at owning property, but not great at truly finding a good solution this sort of problem. Esp. if it costs them money. My grandpa was Cheap!)

3 moms found this helpful

L.M.

answers from Dover on

Maybe the pipers are leaking and thus leaking into the lower floor. He should not be able to evict you for a leak that he should fix. He could however have to evict you to get/leave apartment empty if the leak does not get fixed. He can't expect you to live in an apartment without being able to take a bath/shower. A day or two for repairs, yes, but not long term.

If the little bit of water you get on the floor when you bath is leaking there is definately a problem that he needs to fix.

1 mom found this helpful

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R.J.

answers from Seattle on

Our landlord tried to claim something similar.

Bottom line it was NOT our toddler splashing... it was a leak in the pipe in the wall.

Structural problem

Same token... if it's leaking through their CEILING that means that it has to soak through the floor, sub floor, space between floors, and their ceiling. Not unless you left the water running for hours (overflowing) could it be dripping through the ceiling from a USAGE problem (think suicide in the tub kind of overflow). However, if the drainage pipe is leaking, then every time you shower or drain a bath the water could be leaking out of it.

THAT IS NOT YOUR PROBLEM. STRUCTURAL PROBLEMS ARE THE LANDLORDS PROBLEM.

In WA the group that protects tenants is HUD. You need to contact your state protection board for tennants.

8 moms found this helpful

C.W.

answers from Las Vegas on

No he can't. He is the landlord therefore he should FIX the problem, as in the caulking around the tub that causes the water to leak through in the first place. Floors around tubs are designed to be water PROOF not leaky. Tell him he needs to fix it, in fact get some kind of authority involved to tell him it is his responsibility to fix it. It doesn't fricken matter if the water bill was high, those are HIS expenses not yours... he can NOT tell you to reduce your water usage or tell you he is evicting you because HE can't provide a leak proof bathroom. Tell him to shape up your apt and if he doesn't get a lawyer involved to make sure you get out with no penalties.

Now why did he have a carpenter and not a plumber come in? That's like hiring a chef to build my kitchen. He may have great ideas but no skills to build it. Your landlord sounds like an idiot...

My 2nd apt tried to blame me and my ex for water damage that was already there (there was no leak, just damage where the floorboards met the walls). My dad always told me to mark every little thing on those inspection sheets they give ya... well they claimed they lost it... lucky I had a copy that I had that lady sign and date just in case... they were super nice too, but it goes to show you nice does not mean honest.

My dad was a landlord for 2 houses he owned and never acted like this.

http://www.hud.gov/local/ca/renting/tenantrights.cfm
It's a link to the site with California tenant's rights.

7 moms found this helpful

C.O.

answers from Washington DC on

Your landlord has a duty to correct the problem.

If he refuses to do that - you can or should be able to - cut your lease short with NO PENALTIES to you. I am unfamiliar with the landlord/tenant laws in CA - sorry - but you can contact a lawyer to see.

he should NOT be able to evict you without cause.
If the water bill is high - he probably has an IN WALL leak and again - that's HIS JOB and RESPONSIBILITY to fix/repair.

7 moms found this helpful
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C.A.

answers from San Francisco on

It sounds like he has a leak in the building that he is blaming on you.

We were resident managers of an apartment building in Chico, CA twenty years ago and we now rent out our first house. Believe me, renters have more rights than the landlord or owner once they have given you the key (which obviously since you live there, he has:))

His threat about keeping the apartment empty is just that a threat. But I would go online and download California's tenants /renters rights. This way, you are 'up' on your rights. Even if he does start the preceedings to evict you, it will probably take all the way to the end of your lease and cost him an arm and a leg to do so. So he won't be very motivated to start legal proceedings since he seems too cheap to look into what could actually be the problem.

It is actually his responsiblity to repair and keep up his building. This should mean that he should caulk around the bathtub and seal the floor. Kinda of a 'duh' situation if you ask me. The house we have rented out has a bathroom too that might have a leak. We took out the molding and took the tile up higher, sealed and caulked everything really good and have not had a problem.

No matter how right you are in this situation, I would document everything. Take pictures of before a bath and after, document how long your showers are and how often. I don't think you are doing anything unusual. The fact is that all of the utility bills are higher now. We use less electricity but our bill amount is much more. Somehow, he is blaming this on you. You don't have to show him your documentation but if he did evict you and you did go to court, you could show the judge how ridiculous he is being.

Good luck. He can't know that water spilled on the floor when you showered so don't give him reason for thinking it did.

I just read Shane B's answer and it made me think of something else. If this does have to repair and you have to move out temporarily, I think, not sure, he will have to pay for your lodgings elsewhere. MAY be worth it to check it out. What I do know is our insurance agent realized this year that our rental was not under the right insurance. Now it is, but it cost more, but insures that we get paid (through the insurance) each month for the loss of monthly rent if our rental had a problem.

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S.B.

answers from Redding on

It sounds like there is a water leak. It could be a problem in the walls, sub-flooring, etc. I hate to say this, but the whole bathroom might need to be taken apart in order to fix it.
You'd have to really let a LOT of water spill on the floor after showers in order for it go soak through everything and leak downstairs. It doesn't sound like that's the issue.
This is a mess, not only for him, but for you. He has no choice but to repair the problem because he can't allow this continue in his building. It will just keep getting worse.
He can't expect you to try to live there with no bathroom facilities while it's torn apart. It depends on how extensive the problem and damage is.
I don't know that he can "evict" you, but he can certainly say that you have to vacate while the problem is being corrected.
If it gets to that, it might be a matter of having you stay in a hotel or something. He may give you the option of finding somewhere else to live, which can be a real pain.
I wouldn't get too upset just yet. Show him that you are willing to work with him. He has to make sure that you have full use of your apartment and he has to make sure his other tenants have full use of their rented portions of the building as well.
I don't know the actual laws, but if it's super time and cost prohibitive, he might have to let you all out of your leases and give back your deposits, etc, so you can find other places to go.
He may well have to keep your apartment vacant. It depends on the extent of the repairs necessary. It it's super bad and he has to tear the floors out, etc, what else can he do?
This would not be a case of "eviction" like would be on your credit report or anything and yes.....hassle like crazy. But, he can't be liable for you trying to live there with things torn up.
I think you'll have to wait until he gets an inspection and finds out what he has to do to get things fixed.
I doubt "kicking you out" is what he is intending.

I really wish you the best and am sorry this is happening.
Maybe it's something that won't be that difficult to correct after all.

Like I said, super high water bills usually signal a leak and it has to be fixed one way or the other.

I hope it works out.

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P.G.

answers from Dallas on

Sounds like the landlord's problem and he wants you to think it's yours. If the water bill is higher than normal, there is probably a small slow leak somewhere and he needs to get off his butt and have a PLUMBER, not a carpenter (duh), find out where the leak is (what a lazy idiot). It never happened before because the leak wasn't there before. Perhaps you can call the city and find out what the routine is in a mixed business/resident living situation. Good luck.

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P.M.

answers from Portland on

If you can honestly say that you mop up any overflow from the tub quickly, and use reasonable amounts of water, then there could be a leaking pipe in the floor and he's just jumping to mistaken assumptions.

Or there's some other issue going on, and he'd rather not have you as tenants, and is looking for an excuse. It would be a bit absurd for him to let a rental unit stand empty rather than pay to look into the problem. And if there is a problem with the plumbing or poorly sealed walls or floors around the shower, he is probably responsible to get those fixed. Read your lease carefully.

If you don't know of any outstanding problems, you could try duct-taping plastic sheeting carefully along the edge of your bathtub and across the floor near the tub for a month. Be sure it closes any possible gaps where water might get through. If there's a seam between tub and wall on the other side, duct-tape or re-grout that so water can't run under the tub there, either.

Document (preferably with photos) when you begin this experiment so you can show him later. If the leaking continues and/or the water usage remains high, then there is a pipe in the floor that has cracked or rusted.

If you are blameless, then you might want to talk to a lawyer about this. Many offer a 15-minute free consultation. Good luck.

4 moms found this helpful
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D.B.

answers from Charlotte on

.

3 moms found this helpful

K.L.

answers from Redding on

As everyone else has said,, yes it's probably a leak in the pipes inside the wall. Why not invite him in to do a test and have him sit with water running in the tub for 15 minutes. Have him flush the toilet over and over. He will see there is no water on the floor, and then go downstairs and see what water is coming in. This will prove to him it isn't your fault. BUT. even after doing that, and if it does prove it's not be your fault, do you still really want him for your landlord? I'd be looking for a new place right away and find something soon. I'd give my 30 days notice and tell him you have the right to get out of the lease because he was threatening you to evict, and he didn't supply a useable bathroom. If he won't let you out of the lease then he has to find a place for you to stay while he makes repairs. My guess is he will be more than willing to let you go, and have an empty apartment for repairs.

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S.M.

answers from Eau Claire on

Has he looked into the possibility that the pipes in the walls and under the floors are leaking and not your bathroom floor? Sorry, but that seems logical to me. If there are pipe running to your bathroom under the floor that have a leak, that means that EVERY time you use your water that pipe would leak UNDER the floor, then leak down to the business below. Logical? And it would have NOTHING to do with any splashing or spills on your part, there would be nothing you could do about it, really, other than stop using water.

To your second concern about eviction, no, I don't believe he can evict you if the leak is his problem and not being caused by you. But he could choose to not renew your lease or try to encourage you to leave because he may have MAJOR repairs to do. Or he may try to get the repairs done while you are there, but be prepared for a pretty large, possibly time consuming project that may involve ripping up your entire bathroom if it is faulty piping that needs to be replaced. Is there another bathroom you could use temporarily in that case or some other alternative?

I hope you get things all figured out and maybe call a local plumber to explain the leak situation and the possibility of a pipe problem and see if they agree. If they do, then bring it up to the landlord? Good luck!!!

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J.C.

answers from Philadelphia on

Isn't possible there is a leak in the pipe below your floor? Maybe it is a constant leak that would explain his higher water bills. It is hard to believe that spilled water from a bath or shower could create water damage unless you are not using a shower curtain when showering. It sounds ridiculous to tell you to limit your bath and shower time. Good luck. It sounds like he may just want you gone for some other reason.

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E.M.

answers from Honolulu on

He can try but it will be more likely that he will just not let you reup your lease. I would be happy to move too. If it is a leaky pipe it could be making a black mold problem under your floor and be rotting the supports. I would worry about you falling thru the floor. If the floor starts to get bouncy or squishy I would tell your landlord asap.

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J.D.

answers from San Francisco on

That doesn't sound right. Check this out: http://www.dca.ca.gov/publications/landlordbook/index.shtml

There is some very good information about Tenant's Rights. From my years in property management, I believe one functioning bathroom is a requirement. He may need to relocate you to fix the bathroom, but you should be able to move back and complete your lease.

Please don't let this landlord get away with this silliness. Your baby needs a bath and showers are a necessity!!! Good luck to you!!

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S.G.

answers from Jacksonville on

If that water isn't coming onto the floor from your family bathing, then the water could be leaking from the drain, in the wall from the water lines, from the drain of the toilet, etc. He needs to figure out where the water is coming from and fix it. If it is by your family bathing and not taking care to keep large amounts of water off the floor, then yes, he might be able to evict you because you aren't taking care of the property.

Good luck
S.

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A.G.

answers from Houston on

Absolutely NOT. If he tries take him to court.

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D.S.

answers from San Francisco on

if there is a water leak from a pipe then he may have to take the floor apart to repair it and believe me you can be without the use of a bathroom for several days to a month depending on how they get the parts and time to repair it. Can you tell we went through this at our house?
You can ask him to put you up else where or see what arrangements can be made but if you are not the problem then you may wish to have him give it to you in writting that you are not the problem and get out of thelease. There are other rentals you can choose from that won't be a problem.
Good Luck

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S.S.

answers from Cincinnati on

no he can not evict you. in fact unless other wise stated in your lease as your landlord he has to fix the problem. also you cant just evict someone you have to go through housing court and everything its a huge process

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M.P.

answers from San Francisco on

the problem isn't you - there is a plumbing problem - why would he bring a carpenter? makes no sense. even if you were sloppy with water, it wouldn't be enough to leak into the business below. why would he lose rent $ and keep the apt empty? makes no sense. the landlord is an idiot. he needs to check the plumbing - accounts for the damage below and the water bill. sorry you have to deal with this. maybe you DO want to move!

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C.B.

answers from San Francisco on

It sounds like to me there is a leak in some pipe in the wall or flooring and that is where the water is coming from. Unless is floors are in horrible condition, a little bath water on the floor should not be dripping into the unit below. This is not a problem created by you and if you have a lease, he will have to either deal with the water leakage or fix it but he can't break your lease because he doesn't want to put out the money to fix the problem. Sounds like you have a bad landlord. I would look to move at the end of the lease period.

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