Landlord wants to evict me for not flushing the toilet properly

Discussion in 'Legal Issues' started by Kyle Sapphire, 27th May, 2020.

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  1. Kyle Sapphire

    Kyle Sapphire Active Member

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    I have had issues with this landlord for a while now. Currently I am being accused of not flushing the toilet properly and consequently an eviction notice. Here is some background. Initially the problem arose when a tenant in the household complained 3 months into their residence that I hadn’t flushed the toilet on several occasions which had been occurring since my arrival I would assume. Since they companies I have made a conscious effort and flushed every time - but not ‘properly’ or twice. Now, due to complaints, the the landlord wants to evict me on the grounds that the utilities were not kept reasonably clean state. I don’t understand why they are able to evict me on and if they are able to evict me for such a reason.
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

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    ROFL.

    How can they be sure it's yours? :confused:
     
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    I have never seen a lease with a flush properly clause.
     
  4. Joynz

    Joynz Well-Known Member

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    I can’t understand how your landlord is involved?

    Is your landlord one of the housemates? Or is the house rented room by room?

    I was in shared houses for many years and it is not great when people don’t flush. (How hard is it to ‘look before you leave’ to check that it’s clean!)
     
    Last edited: 27th May, 2020
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  5. Spiralkut

    Spiralkut Well-Known Member

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    Well that's a ****** situation. If you dont flush the toilet properly im pretty sure it adds to calcium build up in the bowl and pipes so maybe they might try make a case out of property damage or not taking care of property? If that's even a thing.....
     
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  6. Stoffo

    Stoffo Well-Known Member

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    If it's yellow let it mellow....
    If it's brown flush it down.......
    So you have been saving the landlord water, even if to an extreme !
    If I had a dollar for everytime one of the kids left skid marks (like @datto driving a rented Commodore) I'd be a slum lord by now :p
    Use the notice as toilet paper :D
     
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  7. Kyle Sapphire

    Kyle Sapphire Active Member

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    Exactly, I make a conscious effort to look before I leave, my landlord - I am referring to my property manager what is intending to evict me on the basis that the toilet was not flushed properly on more than one occasion. Thanks for your clarification
     
  8. Kyle Sapphire

    Kyle Sapphire Active Member

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    Haha use it as toilet paper It actually is because the toilet commonly doesn’t flush on the first try, I’m making a great effort to flush 3 or 4 times but this shouldn’t be a matter of legality.
     
  9. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    How does your property manager have access to your toilet?
     
    Last edited: 28th May, 2020
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  10. Kyle Sapphire

    Kyle Sapphire Active Member

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    That’s highly unlikely, especially considering that there is a cleaner that comes fortnightly to clean everything... it wouldn’t be on property damage grounds.. just why would they be able to make a tenant agree to being evicted if they forgot to flush?
     
  11. Kyle Sapphire

    Kyle Sapphire Active Member

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    1 - the landlord or property manager are able to freely enter the common areas
    2 - my roommate is the one that complained
     
  12. qak

    qak Well-Known Member

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    Is this in a boarding house?
    Leaving a toilet unflushed is pretty antisocial - especially when you know other people will be using it.
     
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  13. Kyle Sapphire

    Kyle Sapphire Active Member

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    No it’s a House of multiple occupants and what do you mean antisocial? I’m flushing but it consistently doesn't flush on the first time
     
  14. Kyle Sapphire

    Kyle Sapphire Active Member

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    Ahah exactly, but they try to attribute blame some way or another to evict me
     
  15. Mumbai

    Mumbai Well-Known Member

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    Is this one of your pastimes during iso?
    Sorry, but I don't buy this story.
    If any of it is true, you either need to learn to flush or find another accommodation
     
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  16. spludgey

    spludgey Well-Known Member

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    That's anti social. Not worrying whether your **** flushed or not is understandably upsetting your flatmates.
    I wouldn't want to live with you, if that's the case.

    You're probably also using too much toilet paper, if this is a common occurrence.
     
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  17. Kyle Sapphire

    Kyle Sapphire Active Member

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    I don’t believe it explicitly states flush properly it just says “all common areas will be kept in a reasonably clean and orderly state.” Is that still a breach of the agreement?
     
  18. spludgey

    spludgey Well-Known Member

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    Is a turd sitting in the toilet "reasonably clean"?
     
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  19. Kyle Sapphire

    Kyle Sapphire Active Member

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    How when I’m consistently flushing, I never leave a **** in the toilet but I’ll flush it and the toilet won’t flush it entirely away
     
  20. Kyle Sapphire

    Kyle Sapphire Active Member

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    I’m flushing! The toilet doesn’t flush properly sometimes I need to flush it 3 or 4 times for it to be entirely clear, I never leave any unacceptable odours