Water damage responsibility

[Ed Hennig]

Hello,  I will try to keep this concise. First real estate investment sfh.  Did all the rehab ourselves, rented it out etc.  After 2 and a half months, tennant calls and says the kitchen sink and dishwasher is backing up and not drainging.  I attempt to snake the drain myself, doesnt work a plumber comes and we think everything is all good.  3 days later tennant calls and washing machine in room adjacent to kitchen backs up out of the floor drain and causes damage to flooring in 2 adjacent rooms. One plumber says its the same problem, original plumber says it separate. Not sure.  I pay the plumber out of pocket, not realizing it says in our lease these are tennants responsibilities as well as any damage caused by this.  We tell tennant this as they go ballistic and say the house is not safe to stay in immediatly.  The water damaging the floors in other rooms is minimal you can only feel it underneath, dehumidifiers and fans are set up. Tennant says they didnt' put anything down the drain this is not there fault they leave because they do not feel the house is safe to live in at this point.  They want us to have professional restoration company while we say we will do the work ourselves, this is not ok with them, they want out of the lease we say fine.  We give them prorated rent till the day they leave.  The tennant is a law student and seems to want all sorts of information from us regarding the plumbers texting and emailing us everyday.  Most people, we have talked to other landlords, real estate agent, property managers, say just give them security deposit back and be glad to be rid of them.  Our lawyer friend has looked at our lease and say we should keep whatever damage is caused from the security deposit.  The damage is going to cost us maybe 2000 with me doing the work and the plumbers cost.  I am not interested in getting sued if I try to keep the security deposit, but our lawyer friend says it will be small claims and that we are in the better position if that should happen and that we could counter sue for the reaminder of the lease owed to us. 

Any advice would be greatly appreciated.