Clogged drain due to feminine products: who pays?

Question

I have a tenant in a SFH who has been renting for a year. I couldn't ask for better tenants; they have taken very good care of my property.

On Saturday, I was called because the drains were backed up. We called a plumber to snake out the drains. At weekend rates.

The plumber discovered the clog was due to feminine hygiene products. My understanding is that manufacturers claim that tampons are safe to be flushed down the toilet in municipal sewer systems. The lease says tenant is entirely responsible for, "...damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively service the property."

So who pays for this? Is clearing the drain line a "damage?" Is a tampon that the manufacturer claims can be flushed a "foreign or improper object?"

The lease is in Texas, if state law plays into this at all.

Brian Levredge · Answer

That's kind of judgement call to me. If you have great tenants who pay on time and otherwise never hear from, I would probably pay for the service call. I would then write them a letter stating the cause of the back up and that future service calls for similar reasons will result in them being charged for the call, per the lease.

Mark N.A · Answer

When I go over the move-in inspection form with the tenants I explain that everything drains and flushes fine at present. I remind them of the lease clause covering that. I explain that it's common sense: that if it's the house's fault (tree roots, old pipes -- then I pay) but if it's their fault (hair, paint, feminine products -- then they pay). Unfortunately most tenants have the attention span and comprehension skills of a gnat so it never fails that I have to call a plumber at least once. As Brian suggests, though, if it's a great tenant I'll cut some slack. If they're not great, pay up and/or go.

Justin Case · Answer

So the drain was partially clogged and yesterday I had to put in a new toilet, it was still flushing slow.

Justin Case · Answer

That is what it is actually. It is a nice property even though it I rented to a section 8 tenant. Glad it has CVT flooring with the past tenant.

Jeffrey K. · Answer

What toilet are you using for Sec8? You should be using the American Standard Champion 4. If you only give your tenants one nice thing it should be this.

Justin Case · Answer

My sec 8 tenant moved out and I had to call a plumber today. The toiled would not flush but everything else drained fine. He came with the 9ft snake/auger and pulled out a huge nasty ball of hair and several pieces of paper towel looking things but he said they were pieces of debris collecting and sticking on the pipe. It does not take much at all to clog the pipe! He even said he usually sees a single paper towl clog the pipe especially if the toiled is not flushed often. Good to know! I am charging the tenant the $99 and it was a great learning session for me! I hammered him with questions and he said he was an investor as well I could tell cuz he had patience to answer and explain things and he liked the non carpeted CVT floors in my unit. He told me what snake/auger to buy and how to work it. ( I will post it once I find it online) He said the most calls he gets are over clogged toilets and grease down the drains. He just pressured jets the drains. He showed me his equipment. I was afraid of plumbing prior to this and he said it is pretty basic with keeping on preventive maintenance. He said have the tenants run hot hot water down the kitchen sink 10mins straight once per week. This cleans out the pipes. And make sure you put your rules in the lease with not putting things down the drain. This is the part I hit hard on the lease, nothing but TP and no grease down the drains! I am going to hit even harder on it now when signing leases.

Bill Gulley · Answer

Hi, that's why my leases specifically state such products and that tenants are responsible for the "use of the property and all improvements thereon in such a manner as not to limit or damage the intended function, performance or expectation of use thereof". I have paid for the trip charges of a plumber, but if there is negligence, the cost is added to the rents until paid. Bill

Kelly Lynch · Answer

Let me start off by saying I'm a Texan too, operating out of San Antonio! As for state laws, it comes down to what your rental agreement states. Most are pretty common in that it list out what damages you cover and they cover. In order to protect myself from those type of emergencies I use a home warrany company like American Home Shield. The monthly premium and copay are both borne by the tenant! In lieu of not having one, I'd do exactly as Brian suggested except, I'd bring that issue back up when it's time to renew their rental agreement. I'd specifically mention the plumbing issue again in your notification letter. Hope this helps! :lol:

Justin Case · Answer

I have this covered in my lease rules as this happened to my agent before. It happened twice with one of her tenants and cost the college tenant $8k and she had to take half year off from school to pay for this. The contraceptives/tampons clogged on city lines. I go over this rule every time with the new tenants.

Just Don · Answer

chances are there 'may' have been tree roots that caught the feminine products to start with. maybe even a dip in the line to help collect them. Do it for them THIS time and explain no more flushing those,,,not even a stray toothpick. Thats what garbage cans in bathrooms are for. Curiouis thing about Mexican people,,,they rarely even flush the TP they use. they must be brought up right.