Water & Plumbing Issues : How Does Your Lease Deal With Them?

[Tommy Lorden]

I have been getting nickeled and dimed with leaks and clogs.    From a prior life in Illinois, I remember we had no problem making all plumbing issues part of the tenant's responsibility in the lease.   However, I'm now a Florida (Pinellas County) landlord with a Property Manager in place and they are telling me that under Florida law, the tenant can't be charged for clearing drains unless some negligence is shown or proven...does this sound right?    

So, in other words, if a GI Joe is pulled out of the trap by a plumber, tenant pays.   But normal or unidentified clogs are on me.    The PM says because the hair and who knows what else accumulates over time, that Florida law goes as far to say that it wouldn't be fair to penalize the current user of the property.

I could certainly see this if the lease didn't specify, but they are saying we can't put it in the lease that the tenant be responsible for keeping the plumbing fully operational.

Thanks to any knowledgable Florida landlords out there!

[Marcia Maynard]

We talk about plumbing maintenance with our tenants at move-in.  We give them a plunger and talk about when and how to use it.  We give them a "Freeze the grease. Save the drain!" kit which we get free from our local utility (www.crwwd.com).  We give them a bottle of vinegar and a box of baking soda and teach them how to clean and freshen their sink drains once a month.  

Our rental agreement has a section about drains, cleaning and maintenance, which includes this line: "Tenant agrees to pay for clearing the drains of any and all stoppages except those, which a plumber who is called to clear the stoppage will attest to in writing, were caused by defective plumbing, tree roots, or a result of weather."

In our tool kit, I keep a "Zip It" drain tool and use it when we do our regular maintenance inspections, here's a good video that demonstrates it. 

http://www.youtube.com/watch?v=vGs8qh7YgFk

We also have super plungers and plumbing snakes and toilet augers.  Best of all, we have a great plumber, Bob.

We do not allow chemical drain cleaning products to be used in our plumbing systems and we cover that in our rental agreement.  Chemical drain cleaning products may damage the plumbing system, are hazardous to the environment, and also pose a danger to us or our plumber who may be called in to clear a drain.