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.

[Gabe G.]

I would definitely "try" and charge them. I had a tenant that was putting her "feminine" products down the toilet which caused a clogged, but no major damages. I sent her a sorta condescending email indicating from google, things that should not be put down the drain. I said the cost would on her if it happened again. It never did.

The problem is, what kind of quality of tenants are we dealing with here is the big question?

If you got high end tenants with 700+ credit scores and good incomes, well then you got a chance of getting them to pay. If they are low end, they usually don't have enough money to make next month's rent or pay for a car repair. You likely won't get anything from them.

My guess is , since they aren't bright enough to know what to put down and not down a drain, or just don't care. They are closer to the lower end.

Good luck

[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. 

[Jeff B.]

Had this issue myself.  Changed the lease to basically say that 

• as the owner I am responsible to ensure operational status of all the facilities and, at the time of your occupancy, electrical, heating, cooling and all plumbing fixtures are operational.
• If there is any blockage of the plumbing, it is due to your negligence and therefore your responsibility to have it cleared.  *DO NOT DISPOSE OF HYGIENE PRODUCTS IN THE TOILET*

[Ryan Dossey]

What kind of security deposit did you get? 

[Andy K]

Thanks everyone for the replies and the advice. The security deposit we got was one month's rent ($1500) at the time of signing the lease. The home is a mid-level rental in a good community. The tenants have paid the rent on time each month during the time they have lived there. They keep saying they have been very careful with what they throw down the sewer. And that nobody from their home has thrown the tissues to have caused this. But that is what the plumber found was the cause of the blockage when he was clearing the sewer line. And the paper product wouldn't have been there unless it was thrown by the someone from the home.

[Aelicia Thomas]

@andy k, I would inform them that their deposit will be applied to this incident. I would give them time to put up another deposit, if money is an issue.  You could apply an extra $50 or $100 a month to the rent until the deposit is replaced or the amount you are charging them is paid.

[Kyle J.]

@Andy K  My first question would be is this covered/addressed in your lease?  If not, it should be.  Especially with it being a reoccurring problem. 

For example, my lease states "Tenant shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines."

Consequently, if my tenants would have done what yours did, I would have charged them both times since they clearly caused the problem.  You were nice to pay for the entire cost the first time, but I really can't see paying for it twice with the same tenants. 

[Marcia Maynard]

Common sense is not common, so spell it out in your lease. Here are examples from our rental agreement.

1.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 flushable wipes, personal wipes, baby wipes, paper diapers, sanitary napkins, tampons, wads of toilet paper, dental floss, balls of hair, paper towels, newspapers, grease, oil, table scraps, bones, clothing, rags, sand, dirt, rocks, or children’s toys. 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 to prevent water overflow from toilet, sinks and bathtub. Tenant agrees to notify Landlord in a timely manner of drain stoppages that they are unable to clear themselves.

2.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.

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I would have charged the tenant the first time. I have rented properties for 20 years and have never had a tenant cause a toilet overflow problem that caused so much damage. When a new tenant moves in, you need to teach them what to do when a toilet overflows. You need to show them how to use the water shut offs and other shut offs such as gas and electric. Also, require the tenant to have renter's insurance at all times. Then it will be their insurance policy that pays for the damage, not yours.

[James DeRoest]

I don't understand how it's flooding the carpets and damaging drywall. 

Do they keep flushing the toilet without it going down?