Am I responsible for tenant’s clogged bathtub drain?

Am I responsible for tenant’s clogged bathtub drain?

Member since 2024 · 22 posts · 4 votes

I bought a 3 unit up-down building about 1.5 years ago. One thing that I fixed was the ceiling in the bathroom of the second floor tenant. One month ago I made an inspection and tenant stated that there are no drain issues. The tenant signed the inspection. Today, I got a call from the tenant stating that since they fixed the ceiling the bathtub drain has been slow moving and is now clogged because they never covered the drain, according to them. I told them I would take a look at it.

However, I find it hard to believe that it can be caused by something that happened 1.5 years ago and they never reported any issues. I stated in the co tract that they are responsible for clogged drains if it’s their fault. That’s why I believe they claim that it’s my fault. I’m thinking that I don’t have a way to show that it’s their fault. If I hire a plumber and make them pay, will they know what caused the clog?


Or is there any chance that it could be caused by something that is not their fault? The other units don’t have drain issues, which makes me think that the main line is fine, so the clog must be on their end. Is my reasoning right?

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Bruce WoodruffPro Member
Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
2y

I think your reasoning is probably sound. It's probably on you to pay for the plumber one more time.....but if the plumber finds the clog is due to this tenant, then it should be on him IMO...

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  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    2y

    I think your reasoning is probably sound. It's probably on you to pay for the plumber one more time.....but if the plumber finds the clog is due to this tenant, then it should be on him IMO...

  • Member since 2024 · 22 posts · 4 votes
    2y
    Quote from @Bruce Woodruff:

    I think your reasoning is probably sound. It's probably on you to pay for the plumber one more time.....but if the plumber finds the clog is due to this tenant, then it should be on him IMO...


    What if the plumber is able to push whatever is causing the clog through? Whose fault would it be then?

  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    2y
    Quote from @Alexander Rodriguez:
    Quote from @Bruce Woodruff:

    I think your reasoning is probably sound. It's probably on you to pay for the plumber one more time.....but if the plumber finds the clog is due to this tenant, then it should be on him IMO...


    What if the plumber is able to push whatever is causing the clog through? Whose fault would it be then?


     Then your problem is gone. I'd probably pay the plumber (Service call $100) and not worry about it. I'd send the tenant a written notice (email is fine) that clogged drains will be on them if caused by objects dropped in the drain.

  • Member since 2024 · 22 posts · 4 votes
    2y
    Quote from @Bruce Woodruff:
    Quote from @Alexander Rodriguez:
    Quote from @Bruce Woodruff:

    I think your reasoning is probably sound. It's probably on you to pay for the plumber one more time.....but if the plumber finds the clog is due to this tenant, then it should be on him IMO...


    What if the plumber is able to push whatever is causing the clog through? Whose fault would it be then?


     Then your problem is gone. I'd probably pay the plumber (Service call $100) and not worry about it. I'd send the tenant a written notice (email is fine) that clogged drains will be on them if caused by objects dropped in the drain.

    It’s already in their lease that they are responsible for clogged drains. I should probably let them know that I can hire a plumber and unless it’s an issue in the main drain, or something with the pipes (corrosion, etc), they will be billed for it. I don’t know that I should make an exception, they are not that good tenants.
  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    2y

    I'd just pay a plumber and have them look at the drains and unblock them.  Have them check the sink while they are there as well.  I'd ask them why they signed the form saying there were no problems when there was...according to them.

  • Rental Property Investor · Seattle, WA · Member since 2017 · 383 posts · 248 votes
    2y

    Agreed with Theresa here. I'd pay, unclog it, have them look at the whole house while they're there and remind the tenants that technically they're responsible for clogged drains. Ask them to please be more mindful and if it happens again, add it to their ledger per their lease.

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