Rental Property Investor · Westfield, MA · Member since 2013 · 23 posts · 16 votes
Sanity check here, I am not responsibly for a clogged drain due to hair from the tenants, right? Tenant just told me that the drain is clogged from hair and wants me to come fix it. Should I hire someone to fix and bill tenant or should I just tell them to take care of those sort of problems? Thanks!
Real Estate Consultant · Denver, CO · Member since 2013 · 27 posts · 28 votes
11y
First off, I always recommend referring to the lease in situations like this. Second, for your own protection and wallet I would NOT leave this up to your tenant to fix. Yes, it's a pain; however, you protect the value of the property by ensuring it's well maintained. For a small price, you can prevent additional maintenance down the line and keep your tenant happy. Tenants who feel cared for take better care of your property. It’s a good thing that your tenant will report plumbing issues. Happy tenants = less turnover (the most expensive cost to a landlord) and properties in better condition.
Rental Property Investor · Boston, MA · Member since 2019 · 2k+ posts · 1k+ votes
4y
Unfortunately that is what being a landlord is. You have to fix this for your tenant, or you chance them calling the health inspector, not paying rent, etc.
Pay this time, explain to them the problem, but definitely take care of it..
Is this the first time? Are the tenants long-term?
My thought is always: how can I expect the best tenants, if I myself am not the best landlord?
If the answer to the two questions above are both "Yes", then I would pay to fix it and then go get them a couple drain-cleaning sticks (linked below) so that they can hopefully do it themselves next time.
Rental Property Investor · Toledo, OH · Member since 2017 · 257 posts · 215 votes
4y
@Corey Pascuzzi it depends on what is in your lease. I have a clause in my lease that the tenant initials that says at the time of our initial inspection I walked around and flushed every toilet and drained every sink/tub in front of them to show everything works fine at the time they are taking possession. My clause says ANY stoppages after that are THEIR responsibility. If they don't know what to do they can call me and my guy will go out and clear it out, but they are being billed for this.
If you don't have this in your lease then likely you are on the hook for it. You can try and bill them if you and/or your plumber feel it is truly their fault, but you should expect a lot of negative feedback from the tenant. Most tenants feel you are responsible even if they caused the problem.
Rental Property Investor · Sacramento, CA · Member since 2017 · 202 posts · 82 votes
4y
They are responsible for clogged hair but I'd still check it out or send a plumber over to get an estimate? You could bill the tenant for removing the hair, you'd have to send them a receipt after work is completed or add it on to the rent.
I would explain that as owner I would fix any plumbing that broke but the clog was caused by tenant therefore she is responsible for it. I would suggest your plumber if you have one. Call your plumber and ask him to take it easy on your tenant so the tenant isn't going to think you're getting a kickback from the plumber.
For me, every time a *new* issue arises I go back to my lease and add language that specifically addresses the issue. That way, when it's time to renew, you're covered! For example, in a case like this, I would:
1) make sure all new tenants complete a "Rental Move-In Checklist" with a section that specifically addresses the condition of the bathroom/kitchen sink, toilets, etc; and
2) include the following clause in my lease:
"LANDLORD WILL NOT BE RESPONSIBLE FOR DRAIN BLOCKAGES AND BACKUPS IN THE KITCHEN SINK, GARBAGE DISPOSAL, DISHWASHER, WASHER MACHINE, TOILET, BATHROOM SINK AND BATHTUB CAUSED BY GREASE, PAPER, FOOD, HAIR, OR ANY OTHER FOREIGN OBJECTS. CLOGGED DRAINS AND BLOCKAGES ARE THE FINANCIAL RESPONSIBILITY OF THE TENANT."
Whether or not you want to enforce this, will depend on you. For example, if it was a first time occurrence and the tenants have always been responsible, I may simply send them a reminder notice letting them know that although their lease agreement specifically states that it's their responsibility, I will do a one-time courtesy unclogging at no charge. However, if you decide otherwise, you're covered by your lease agreement!
Rental Property Investor · Rockford, IL · Member since 2018 · 84 posts · 140 votes
4y
You should cover that in your lease, we definitely do! You didn't put the hair in the drain so why should you have to pay to unclog it?? You can can call a plumber and send them a bill. Or deduct from their security deposit.
Specialist · Butte, MT · Member since 2021 · 27 posts · 17 votes
4y
How long has tenant been there? Do you 100% know there wasn't a prior problem that has just now showing its ugly head?
I would handle this one, so know it got done properly, we factor in maintenance for our numbers for a reason. Educate the tenant, and set a baseline so that future costs if this is an excessive problem that recurs is on them.
Also we pour some lye down every drain at turn overs and annual inspections. All drains get build up, and for us this keeps us from having to deal with problems down the line. $2 every year vs $100.
I normally take care of it the first time, if my plumber finds tampons, wipes, or excessive grease. I tell them the next time this is caused because of their doing, they will be billed.
Don't tell your tenant to put drano on there own, if they pour to much than your pipes will get A whole and make a huge leakage, you have to know how to use drano.
if your lease does not specically say the tenant is responsible they may have a case. i would check your lease on what it has in the plumbing section. my lease says all drain clogs after 30 days are the responsiblity of the tenant. that being said, if the drain clog is not solved bigger problems can occur. i remind the tenant of the plumbing item in the lease, tell them i will send someone and then bill the tenant account. a vacancy over a drain is not worth the cost. it does not matter who is right or wrong, just what it costs.
Rental Property Investor · Sacramento, CA · Member since 2017 · 202 posts · 82 votes
4y
Yes its their responsibility, It should also be in your lease agreement. If its not in the lease agreement and the clog causes damages you can bill them if you have to hire someone to fix the problem.
Rental Property Investor · Sacramento, CA · Member since 2017 · 202 posts · 82 votes
4y
No you are not responsible, it's good they told you it is clogged because if the issue gets worse its documented. You could be nice and buy them draino the first time but if the issue gets worse and you need to hire a professional you can tell them you will charge them for the plumbers service. It should be in the lease agreement.
I like everyones suggestion about referring to the lease but I also like the theory of keeping your tennants happy and I would actually thank them for notifying me of a problem so we can work on a solution and prove that I would be there to support them.
Here in my apartment I rent from a landlord I had my sink clog once. I actually filled it up with hot water and used a plunger to work it free. It was just clogged with hair but was backing up the shower too. I'm a mechanic by trade and we have a similar "quick fix" type product in our industry called radiator/heater core stop leak. Also we have "slime" for supposedly helping to fix flat tires. In theory they work but you should always fix a leak properly at the source. for instance I would never fix a customers car with stop leak because the radiator might get plugged up with that crap or in some cases it might cause issues elsewear. so I would diagnose where the leak is coming from and iether mechanically force the debrie out or I would locate and repair the section needing replacement to ensure it's done right. this is a little off topic but just my thoughts. The drano essensially is like an acid that can eat through the hair but with too much it may damage piping. I can always tell when A customer would use slime and I would respect that they tried to fix it themself but when I would dismount the tire from the rim it would be so covered with sludge and crusty dried stuff ide have to clean the rim for a while with air tools before mounting a new tire.
My tenants know to fix their own plumbing problems, it's in my lease. And I give them a discount for doing that. Most comply and I never hear from them. I'm not in the business of doing maintenance on their rental when they are suppose to to it. You must train your tenants properly or they will walk all over you. If it's an issue that I'm suppose to cover (spelled out in the lease) I have my handy man jump on it NOW. Personally, I don't do maintenance work... their are handy men, tradesmen that will do it much cheaper than I will. I make money buying and collecting rent, not doing low cost work. Over time, I reward the good tenants and get rid of the bad ones.
Did you state so in your leasing agreement? i know some state that the tenant is "responsible for plumbing repairs"
Exactly. It totally depends on what's in the lease, but I will say that (at least in NC) landlords are responsible for keeping the property in liveable condition. If the toilet wasn't working and it was the only one in the house, you have to fix it. Personally, if there's another sink in the house, I'd tell them that they can either fix it or I'd hire someone and charge it back to them.
Real Estate Broker · Austin, TX · Member since 2016 · 834 posts · 449 votes
4y
Good question: Is this a repair or general type maintenance according to the lease? Does MA property code speak to that specific? Most importantly--- How do they know it is hair?