Non paying tenant and repairs

[cincityplayer]

I have a month-to month tenant who has not paid rent in 2 months. I served her a 3 day notice, and she is still in the property. I filed an eviction and the court date is set for Aug 5th. Last night I get a call that the toliet is leaking down into the living room area and the ceiling is on the verge of collapsing. I told her to shut the water off to the toliet and I would send someone over a.s.a.p My question is by law, do I have to make the repairs now or can I use this situation to get her out sooner, because this is the only bathroom in the house.

[cjh]

Definitely have someone make the repair. Otherwise, the fact that she has no working toilet and you have failed to repair will be her excuse for not paying. Get a plumber to repair if possible.

If you have to do the repair yourself, have a witness go with you to make repairs after you give her a 24 hour written notice of intent to enter her unit. Keep a copy of the notice so you can prove you scheduled repairs (in case she refuses to allow her in). Say as little as possible to the tenant. Just make the repair and get out. Take a photo of the repair after it is complete and keep receipts for any parts so you can prove you repaired in a timely manner.