Who is responsible for clogged bathtub?

Question

I bout a property 1.5 years ago and inherited these tenants. That are bad and dirty tenants. I made the mistake of letting them stay. Anyway, one of the first things I did was to replace the bathroom ceiling, which was in bad state. This was 1.5 years ago. Now they are saying that since then, because the contractors didn’t cover the drain, dust got in and the tub has been slow moving. I just got the complaint today 1.5 years after the work was completed!.

I have this on my lease: "Tenant accepts the cost of clearing the drain of any and all stoppages within the property except those caused by defective plumbing, tree roots, or act of Nature or God." I offered the tenant to hire a plumber, but unless it’s a defective plumbing issue like corrosion, they will be responsible for the cost. She said it was unfair because there could be something that traveled from the tenants above them (it’s a 3 story 3 unit building). I don’t think that would be possible and told her that. She said it’s unfair because hairs can pass through the drain cover over time too. And lastly said that she will figure out how to fix it.

But I’m worried because I don’t know if it’s possible that she can break the plumbing trying to use a snake, or using too many chemicals? Should I hire a plumber and bill her (if it’s a clog) regardless of her not wanting to? Can I claim that not fixing it could cause more damage to the property?

Alexander Rodriguez · Answer

I hear your story. You mentioned that your tenants reported previous backups, so they can argue that the issue was existing before. In my case, they claim just now that the issue started happened over a year ago. But just 3 weeks ago in the inspection, they said that the drain works perfectly fine! And signed it! It’s infuriating that they are trying to blame the landlord no matter what! And they have not been good tenants frankly

Ben Russell · Answer

Also, just a story of note...

w

We were recently under contract on a duplex. During the inesption, it was found a drain snake was broken off in the sewer piping and the tenants reported previous backups.  To remove the snake and fix the plumbing required demo of both the units bathrooms and removal of the concrete flooring (slab).

Curious under what circumstances led to the broken drain snake???!

Ben Russell · Answer

I think this highlights the problem of placing maintenance responsibility on tenants. The issues most likely will not be fixed, or fixed correctly. It's your property and you will ultimately be responsible for the serious damage incurred.

It's probably under $100 to have the drain snaked or water jetted. I'd pay it.

Also, my guess is that this is an older home? If so, this is not uncommon and should be budgeted as part of your annual maintenance expenses.

Alexander Rodriguez · Answer

I want to add that I made a inspection 3 weeks ago and they stated that there are no drain issues. They signed the inspection checklist where they state that the drains are in “good condition”