Sewer line backup happened twice due to tenant negligience

[Andy K]

Hi all,

We have a rental property, where we had a sewer line backup happen in February last year. The sewer water came out of the toilet on the first level and destroyed the carpet, drywall, etc. Had to call the insurance company and they paid for the home sanitization and part of the restoration (I had a deuctible of $2500). The reason of the backup was found to be paper towels (that do not dissolve in the water) in the sewer pipe that were thrown in there by the tenants, and caused the obstruction. I warned the tenants at that time to not throw paper products in the sewer that can cause back-ups. I did not charge them for any of the cost that time. Most of it was covered by the insurance, and I had to pay for some because of my deductible. Due to my claim last year, the insurance company raised my premium from $850 to $1800 at the renewal!

One year has passed by, and I received a call again yesterday from the tenants that the sewer line has backed up again and water is coming out of the toilet!! I sent a plumber there immediately, and the reason this time as well was facial tissues in the sewer line that caused the obstruction. The damage is lesser this time than last year, but the home will need to be sanitized and some carpet/drywall replaced. I won't be calling the insurance company this time and plan to fix it on my own.

My question is - since this backup has been caused again by tenant negligience and no fault of the sewer line in the home, is it fine to ask the tenants to pay for some of the cost of the sanitization and restoration? I am estimating the total cost to be in the $2500 range, and I don't see why they should not be held responsible for at least part of the cost. They are tenants who pay on time, and I have not had any issues with them, other than this. I would not have bothered if it were a couple hundred dollars, but the cost involved in this work is pretty high.

I would really appreciate any advice from experienced landlords on how I should handle this matter. Thanks for your help.

- Andy.

[Thomas S.]

I would bill them for the entire amount. They already got a free ride the first time. They will likely object and terminate their lease. That is the plus because if you keep them they will do the same thing again. You are far better off without these tenants.

You may then choose to go after them in court if they are employed. That would be your decision. The plus of getting a court settlement, if they chose to not pay and you do not garnish, is that at some time in the future if they ever want to purchase anything on payments they will be calling you to pay up and clear their credit.

Bottom line you need to be rid of these tenants.