Sewer Backup - How to handle?

Question

Hello All,

I have a sewer situation i am looking to see how people suggest to handle

Facts

1.)  Duplex side by side with one sewer hook up for property

2.)  Side A - 3 Women living there for about 1 year 3 months

3.)  Side B - 1 man 1 woman living there for 5 + years

4.)  Side B is where the sewer line runs and exits the property.  If it backs up Side B gets in in the basement

5.)  Over last year we have had the sewer backup 4 times

-1st Time   Contacted local  company to snack drain.  They found feminine products which caused the blockage.  We paid bill

-2nd Time a 2-3 weeks later contacted different company and they felt the 1st didn't fully clean.  They found more feminine products.  We paid bill

At this point felt the issue was resolved and roots and such were intiating the blockage and the 2nd cleaning would solve the issue

-3rd Time  several months later.  Called same company to clean AND scope the drain.  They found feminine produtcts.   The scope did show any evidence of issues with the drain line that would be the cause of the backup.    Again we paid the bill.

At this point we notified both sides that no feminine products of any kind should be flushed.  If it happened again they would be responsible for cost.

-4th time again several months later (Today)   tenant on Side B called and said drain is blocked and what were we going to do about it and their clothes that were ruined.  I went to the unit within 1 hour of the call and there were a few SMALL puddles and the line was defiantly blocked.    Each time this happened we were extremely responsive in resolving, cleaning, and notifying parties.

My thoughts are we did everything in our power to resolve and investigate if there was a drain defect that we as the property owner needed to fix.    We notified both parties not to flush feminine products.  I am not sure how to respond to the tenants question on the ruined clothes.    Even though we said they would be responsible for future backups caused by flushing these products how do we prove which side of the duplex it was?    All i can day is that prior to the 3 women moving in to Side A,  there was never a problem like this in the property.

HELP!!!

Frank S. · Answer

This is a tough one as you have women in both units. Unfortunately,  you can't do a DNA test to be absolutely sure.

I would send pictures with the invoice and give them a 10 day notice (Chicago). Be clear on telling them that they are in violation of the lease and you will evict them.

Get different tenants,

Brandon Sturgill · Answer

@Aaron M. I've seen this before and it's the same every time with flushing things that are not supposed to be flushed...my personal approach would be to bill the tenants with evidence from the plumbing company (their invoice). Look to your lease as well...I would typically assess the fees first until paid in full then apply funds paid to rent (again, check your lease). If your lease specifies this and they cannot keep pace with rent (late fees are assessed)...they violate the terms of the lease and it snowballs all the way to their removal...for example.

Aaron M. · Answer

Update:   This time they found more feminine products, wipes, and lots of hair.

Any suggestions on next steps would be appreciated.

Aaron M. · Answer

Thank you @Brandon Sturgill.    Since its a "shared"  sewer line for both duplexes what are your thoughs on charging the unit with the 3 women?  I really think they are the cause for two reasons.  First the issues started after they moved in and didn't occur previously.  2nd,   the side with the 1 woman is the side that it backs up in.  She first hand saw what flushing these products do and i highly doubt she would continue to do it after being notified as its her unit that suffers.

The only other thing to mention is that we did have a water line repaired at the property prior to the issue starting.  The contractor who did the replacement saw a sag in the line and supported prior to back filling.  Other than that he said it looked in tacked.  I mentioned this to the drain company and they didnt see any issue when scoping.

Brandon Sturgill · Answer

@Aaron M. I would ignore the clothes issue and bill the tenants directly for any future clogs...its abnormal for a line to clog so often unless it's a city main issue. You have been very generous so far. The other thing you can look into to guarantee integrity is CIPP lining.