Splitting tenant caused plumbing repairs between two tenants in duplex

Splitting tenant caused plumbing repairs between two tenants in duplex

Rental Property Investor · Austin, TX · Member since 2012 · 7 posts · 3 votes

I rent a duplex outside Austin Texas that has a sewage pump/grinder system set up to grind waste and pump it from the duplex to the city sewer lines. The sewage from unit A and B fall into a shared sewage tank. Over the last 3 months, I have had two issues with the pump impeller getting lodged with baby wipes. I spoke to both tenants and sent an email with photos identifying the cause of the cause damage, and as expected, the tenants on both sides denied the use of any such product. As a result, I informed them in an email that only toilet paper is allowed in the system that any further instances of baby wipes or like products that become lodged in the impeller and create the need for a plumbing company to fix & dislodge will be billed back to the tenants. Since this is impossible to identify which tenant it comes from (1 tank shared from both unit A & B), I informed them if it happens again they would be splitting the cost if neither party admitted use/fault.

After the email notice, it happened again 8 days later. Another $390 bill from plumbing company to pump and dislodge a baby wipe from the grinder. Since both tenants deny any use of wipes, and they have been recently notified in writing (email) it would be their equal responsibility for futher occurrences, can I legally charge them for this? I planned to remove it from their deposits I am holding.

Can I legally do this? If not, what other suggestions do you have? Since I have had this now happen 3 times since October 2023, I have accumulated $1100 in charges from the plumbing company.

Thanks for any input in advance.

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Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
2y

@Ian Noble, can you add a 2nd grinder so that each units waste goes through its own grinder so that if there is an issue, you will be able to tell which unit is at fault? 

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  • Realtor · Hanover Twp, PA · Member since 2018 · 3k+ posts · 3k+ votes
    2y

    @Ian Noble, can you add a 2nd grinder so that each units waste goes through its own grinder so that if there is an issue, you will be able to tell which unit is at fault? 

  • Rental Property Investor · Austin, TX · Member since 2012 · 7 posts · 3 votes
    2y

    @Kevin Sobilo thanks for the recommendation I will look into this.

  • Investor · Rochester, NY · Member since 2016 · 576 posts · 358 votes
    2y

    I gotta agree with @Kevin Sobilo. I don't see how you can charge the tenants when you can't determine who is at fault. I think I would not renew either lease at the end of their terms.

  • Property Manager · San Diego, CA · Member since 2024 · 65 posts · 42 votes
    2y

    I agree with the suggestions above. Also, do they both have a baby? If only one has a baby, mystery solved.

  • Rental Property Investor · Austin, TX · Member since 2012 · 7 posts · 3 votes
    2y

    I wish one had a baby to make it easier. Even so, no one is admitting it. Looks like in my lease I have that it is the tenant's responsibility if there is a foreign object other than toilet paper that causes the clog but it fails to specify determining fault. Since I have a shared tank for two units it makes this difficult. One tenant leaves in a month and the other lease expires in June so I will make sure to have it in all leases moving forward.

    Going to research how to get an additional grinder tied to one unit before it reaches the communal tank to isolate the incident. 


    Thanks for your help everyone

  • Member since 2024 · 4 posts · 1 vote
    2y

    @Ian Noble, 

    I own a duplex and have encountered the same issues you are experiencing. Initially, I faced a learning curve due to my own experiences. Subsequently, I revised the lease agreement to elucidate the protocol for addressing such occurrences in the future. Presently, as part of the lease signing process, I ensure to thoroughly explain this clause to new tenants and obtain their initials for acknowledgment. Although this may not alleviate your current situation, it establishes a proactive approach to prevent similar incidents.

    Several years later, I encountered a recurrence of the issue with different tenants. Initially, both parties disavowed any responsibility, prompting me to absorb the associated costs. However, in accordance with the lease terms which stipulate the tenants' accountability for foreign objects, I made it clear that subsequent instances would result in a shared financial burden. Following another incident the following week, I provided both tenants with evidence from the plumbing company, including photographs of the clog and an itemized bill. In light of their continued denial, I informed them that each would be responsible for half of the expense, to be deducted from the subsequent month's rent. Both tenants acknowledged the situation and complied with the arrangement.

    This strategy proved effective as it underscored transparency and fairness. By promptly sharing documentation with the tenants, I ensured clarity regarding the situation and dispelled any misconceptions about my intentions. Subsequently, one tenant admitted responsibility for the clog, acknowledging the need for rectification. I commended their honesty and reaffirmed my commitment to covering the initial occurrence. In the interest of fairness, I encouraged the responsible tenant to reimburse the other party for their share of the expenses. Ultimately, this experience fostered mutual respect among all parties involved.

    Regarding your situation, you mentioned that your lease specifies the tenant's responsibility for clogs caused by foreign objects, albeit without delineating fault. Additionally, you documented the issue with a warning email to both tenants, establishing a record of notification. I believe adopting a similar approach could yield favorable results for you. While you may not experience the same outcome of one tenant admitting fault, the primary objective remains obtaining compensation for the additional expenses incurred in resolving the issue. Furthermore, such incidents serve as a valuable lesson for tenants, emphasizing the importance of vigilance in flushing appropriate materials down the toilet, particularly when faced with the prospect of financial responsibility.

    I trust this insight proves beneficial to you and aids in mitigating some of your financial burdens. Should you require further assistance or guidance, please do not hesitate to reach out.

  • Rental Property Investor · Austin, TX · Member since 2012 · 7 posts · 3 votes
    2y

    @David NA thanks for being incredibly thorough. It looks like we had near identical situations. I will modify the lease slightly for the next tenant, and hope that in the remaining months it does not happen again. I really appreciate your comment.

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