Who pays for blocked toilet repair?

Question

My tenant notified me of a backed up toilet. I called the plumer who attemped to snake the toilet but was unsucessful as there was something stuck in the toilet so firmly that he was unable to move it. We ended up having to replace the toilet since the object was unmovable. We were not ever able to get the object out ot the toilet so therefore were unable to identify the exact object that caused the blockage.  This is the first plumbing issue we have ever had in the house in the 8 years o owning it. My current tenant has been in the house for 7 month prior to the clog. The lease states "Tenant shall pay for repair of any drain blockage or stoppages, unless caused by defective plumbing parts or tree roots invading sewer line." She is refusing to pay. My question is who is responsible? Yes, we could not tell the exact object that caused the blockage but it was still blocked and not due the faultly plumbing. Thanks

Steve Vaughan · Answer

I did one of these recently and the object of blockage appeared when we broke the toilet up into a hundred pieces in the dumpster.  It was a pumice sponge the 2 years old flushed.  Fit perfectly in the trap!  Because I did the work myself, got the toilet for free on craigslist and she is a single mom, I didn't charge her.  I bet it turned into a $300 bill for you?  If you can still break the toilet, I would do it.  Good luck @Ciara Smith!

George P. · Answer

break the toilet!

Matthew Paul · Answer

If you let them go this time , you set the precident for the next time.

Tyson Luthy · Answer

Get documentation from the plumber saying it was not faulty plumbing and take that to the tenant. Tack the charges onto their ledger.

They should pay for it.

In the future, break the toilet. We do this every time this issue comes up. I've seen some weird stuff, credit cards, etc... haha

But as long as you get documentation from the plumber you should be fine. That takes the pressure off of you, because you have a 3rd party licensed professional saying that it was not faulty plumbing. You have to rely on what they say, because they are the professional.

Chris Simmons · Answer

Emotionally I think the plumber does.  But that's his job so I guess he is used to it.

Jason Miller · Answer

Let me tell you of a similar issue and what I did.  Tenant came back from vacation and brought bed bugs home.  Retired military, he has been a solid tenant for 3 years.  He asked us to pay.  I made it very clear that it was his responsibility as called out in the lease, but since he has been a good tenant I would cover $100 of the expense.($300 total)  He got a win, I keep a solid tenant happy.  My PM firm took care of the maintenance and we will add it to his rent.

Things to consider in your case:

-Is the tenant worth losing or worth setting this precedent with?  Remember there is a cost of vacancy, turn, unhappy tenant.  There is also a cost to training your tenant that they are not responsible for items they break.  As usual, its a judgement call.

Account Closed · Answer

Make sure you get something in writing from the plumber that says the plug was in the toilet.

Then, you ask the tenant for the money.  Sounds like you may have done this already, but be sure you have done this.  In writing.  Keep copies of all written communications.  Try to get the tenant to respond in emails.  If they do it with texts, see if you can print out transcripts.

Then, follow up with something in writing that says this will be deducted from their security deposit, if they don't pay it.

Then, when their lease terminates, be sure you do everything right regarding their initial move out inspection.  I'm assuming this is in CA. You need to give them a written notice of their right to a pre-move out inspection, called an "initial inspection."

Do everything right, do an inspection and give them a written list of things they have to do.  Include that they owe you for the cost of the new toilet, etc.  YOu have to give them a list of things to do to get their full deposit back.

Then, send them their deposit and/or list of deductions within 21 days.  Be sure you include the receipts, including the receipt for the toilet blockage.

Then, if they decide to sue you over their deposit, you should be in good shape.

Read especially the blue section regarding initial inspections:

http://www.dca.ca.gov/publications/landlordbook/se...

Account Closed · Answer

What does your lease say?

(2) Landlord will NOT pay to repair the following items unless caused by Landlord’s negligence: (a) conditions caused by Tenant, an Occupant, or any guest or invitee of Tenant; (b) damage to doors, windows, and screens; (c) damage from windows or doors left open; (d) damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Property;

I assume the toilet was working fine when the tenants moved in and at the stoppage is just located in the toilet, then this is something that was caused by the tenant or a guest and at the tenants responsibility.

The only time we would charge an owner for clog is if the sewer line is collapsed and is usually evident by roots or mud in the line.

If the sewer line is fine and any clogs are deemed the tenants responsibility.

Account Closed · Answer

The tenant had been in the house for 7 months prior to the clog. And the plumber determined that the stoppage was in the toilet. It is clearly her responsibility to pay.

Hopefully your lease states that repairs, etc are paid for first with her rent money, then it is applied to rent. This will cause late fees to happen. You should explain this to her.

You can also take the cost out of her security deposit, if you absolutely have to. But, this is a last resort, because you won't have as much security deposit to use once she moves out.

Steve Babiak · Answer

Wonder if it was a fishing bobber ...

Who pays for blocked toilet repair?

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