Plumbing clogs responsibility of tenant

[Kyle Civittolo]

Hello BP,

Does anyone put in their leases that the tenant is responsible for clogged drain lines? If the lines are clear when they move in I feel it would save a lot of headaches with them calling me. I would have them call a plumber on their own. Now if a sewer line was backed up, I think that would be on me, but a slow draining tub because you let your hair build up in it....why not have the tenant take care of it. The neighborhoods I am renting in I would classify as C+/B-.

[Marcia Maynard]

Here are examples from our lease:

"DRAIN STOPPAGES.  As of the date of this Agreement, Landlord warrants that the dwelling’s sewage drains are in good working order and that they will accept the normal household waste for which they were designed. They will not accept things such as paper diapers, sanitary napkins, tampons, children’s toys, wads of toilet paper, balls of hair, grease, oil, table scraps, clothing, rags, sand, dirt, rocks, or newspapers. Tenant agrees to pay for clearing the drains of any and all stoppages except those, which the 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.  Tenant agrees to keep on hand and properly use a plunger when necessary to unclog drains and prevent water overflow from toilet, sinks and bathtub."

"DRAIN CLEANING PRODUCTS.  Tenant agrees not to use caustic drain cleaning chemicals in any of the drains or plumbing fixtures.  Such products may cause damage to the plumbing system and may be hazardous to the environment.  Tenant may be able to keep drains clean and clear with regular maintenance by pouring down the drain a quarter cup of baking soda followed by a half cup of vinegar.  If there is a minor clog in the p-trap (the curved portion) of the pipe under the sink, Tenant may disconnect the pipe, clear the pipe manually, and reconnect the pipe to clear the clog or may call Landlord for assistance."

"FREEZING PIPES.  Tenant agrees to take due precaution against freezing water or waste pipes and stoppage of same in and about said premises.  This includes, but is not limited to disconnecting all garden hoses from outdoor faucets prior to freezing weather and opening cabinets under fixtures that are adjacent to outside walls to allow warm air circulation near water and waste pipes.  If water or waste pipes are frozen Tenant will notify Landlord immediately and in writing.  If Tenant did not take due precaution to prevent the freezing or fails to notify Landlord of the problem in a timely manner, Tenant will be held liable for all damage caused thereby." 

"REPAIRS.  Tenant agrees to notify Landlord of needed repairs to premises in a timely manner by telephone and/or in writing.  Tenant agrees not to repair their dwelling or anything belonging to Landlord without prior written consent of Landlord.  Landlord retains the right to determine how and when the repair will be done, in accordance with federal, state, and local law and codes.  If the need for repair is not due to damage caused by Tenant and/or their guests, Landlord agrees to pay for the repair.  If the need for repair is a result of damage done by Tenant and/or their guests, and not that of ordinary wear and tear, Tenant agrees to pay for the repair.   Landlord may decide to remove or replace an item, instead of repair."