When to charge tenant for clogged toilet
I have included in my leases that all Residents are required to pay for the cost of unclogging a toilet/sink/bathtub if it was their fault. Yesterday I had to unclog a toilet from what I believe was due to the "flushable wipes" (100% not flushable actually).
I have a plumber who can unclog anything for $210 and if the toilet needs removed and replaced it bumps the charge up to $305. The clog yesterday needed toilet removed.
My question is, do you think it makes more sense to bill the Resident directly after it was unclogged, or wait till the lease is up and itemize the clog charge as a deduction on their security deposit?
My Lease Agreement also states that any repairs due to tenant's neglect or their friends, etc., will be billed for the repair. Once I send our handyman out there to check things out and he has analyzed the situation and found it to be the fault of the tenant, and after he sends me a bill for it with his findings, I will then turn around and send the tenant a copy of the bill he sent me, with a bill I'm sending them for the repair, and what he had found.
If the tenant doesn't pay the bill by the time they send me their rent, I will deduct the repair from the rent, when they do send it to me, as I have stated in my Lease Agreement that any money received in my office will be applied to any outstanding bills first.
The downside of billing tenants for repairs as they come about, is that the tenant may not report repairs to you when they are needed. So you need to do some drive by's and inspections from time to time.
Nancy Neville
Bill them for it today! If you don't you've effectively reduced the security deposit you hold by $300. Besides while they now know that the flushable wipes aren't flushable, I bet they "understand" how unflushable they are when they have to foot the bill.
Originally posted by @Account Closed:
My Lease Agreement also states that any repairs due to tenant's neglect or their friends, etc., will be billed for the repair. Once I send our handyman out there to check things out and he has analyzed the situation and found it to be the fault of the tenant, and after he sends me a bill for it with his findings, I will then turn around and send the tenant a copy of the bill he sent me, with a bill I'm sending them for the repair, and what he had found.
If the tenant doesn't pay the bill by the time they send me their rent, I will deduct the repair from the rent, when they do send it to me, as I have stated in my Lease Agreement that any money received in my office will be applied to any outstanding bills first.
The downside of billing tenants for repairs as they come about, is that the tenant may not report repairs to you when they are needed. So you need to do some drive by's and inspections from time to time.
Nancy Neville
That's the main problem I foresee. Once you bill them for the $300 plumbing charge, I cannot see them calling or notifying me for any other issues that will come. This is why I almost feel it's better to take it out of their security deposit. Or better yet, what if I gave them an option? I will take the portion of the lease that explains they are responsible for clogging toilets and print it off along with a letter explaining that if they wish not to pay this fee now, it will be deducted from their deposit. Thoughts?
Originally posted by @Matt Devincenzo:
Bill them for it today! If you don't you've effectively reduced the security deposit you hold by $300. Besides while they now know that the flushable wipes aren't flushable, I bet they "understand" how unflushable they are when they have to foot the bill.
If the lease is under $600, then that $300 security deposit reduction would be a rather nasty hit. However, with my units that rent for $1300, the $300 hit wouldn't be a major concern. Maybe it will be a unit by unit thing or just instate a rule for myself that if rents are below $600, then bill them directly. Or just go the tenant option route and if it becomes a reoccurring problem, then require it to be paid immediately.
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As others said, they may be hesitant to report further problems, but maybe not!
Having said that, their security deposit is not a line of credit. For damages done by them during residency, they should be charged for it immediately.
Typically I add it to the next month's rent. Payments pay any fees (such as repair charge) first, then remaining money is applied to the rent.
Originally posted by @Nicole A.:
As others said, they may be hesitant to report further problems, but maybe not!
Having said that, their security deposit is not a line of credit. For damages done by them during residency, they should be charged for it immediately.
Typically I add it to the next month's rent. Payments pay any fees (such as repair charge) first, then remaining money is applied to the rent.
Good point, I wouldn't feel 'good' about sending them the bill, but I think in the long run, if the Resident knows they were flushing something down the toilet or even did flush something down that they had good intentions about, they will be hesitant to flush ANYTHING down other than TP.
I think I will include this charge in the next months rent check and send a little printed out package (or just email) them a summary of what the total charge was. I will send along a printed off copy of the bill and then include the portion of the lease that states they are responsible for the clog. Ultimately, I will send them a request through Cozy to pay for the clog, so another $300 on top of the typical reoccurring rent.
Thanks!
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Perhaps let them know asap, at least verbally, about the bill so they have some time to prepare for that higher rent next month rather than being "surprised" at the 1st of the month.
Bill them immediately! Do not let charges build up to deduct from the deposit or you will run out of money. The deposit is for cleaning and maintenance AFTER the tenant vacates. If you have a $1,000 deposit but you set aside $300 for a clogged toilet, that only leaves $700 of the deposit for cleaning, repairs, and other unpaid balances. What if they leave without paying their last month's rent? You would already be out $300.
Originally posted by @Nathan Gesner:
Bill them immediately! Do not let charges build up to deduct from the deposit or you will run out of money. The deposit is for cleaning and maintenance AFTER the tenant vacates. If you have a $1,000 deposit but you set aside $300 for a clogged toilet, that only leaves $700 of the deposit for cleaning, repairs, and other unpaid balances. What if they leave without paying their last month's rent? You would already be out $300.
Great point Nathan, more reasoning to bill them ASAP. I think the big portion of it I want to think about more is not what I bill them but how I bill them. This can go for any bill, not just a toilet clog. I want to communicate the bill in a way to not create tension and adversity. Just another way to not make yourself look like the mean landlord, but a partner in this housing relationship.
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@Max James Regarding "how" to bill them, your lease should have a section that discusses this type of situation. In my lease, it states that these types of fees will be considered "additional rent." This way, it is considered rent and can be part of a rent court issue rather than a more difficult/separate civil court issue.
I bill ASAP but let them pay at the next rent cycle. You definitely don't want to use your security deposit. Renters would have no incentive to not leave the place a mess if they knew their security deposit was gone.
My lease specifically says that tenants are responsible for all plumbing unless its a structure issues (i.e. routs, etc). I also specifically mention that flushable wipes are not flushable
Flushable wipes are a joke!
Do you guys get push back from your tenants demanding that they did not cause the clog?
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Oh sure, plenty of times they'll say it wasn't them or "it was working just fine yesterday!" But the plumber can usually tell what caused the clog...if it wasn't tree roots causing a backup, it was most likely something like paper, hair, etc.
I just simply say, "I'm sorry, but someone in the household has been flushing a lot of paper or something. The plumber informed me that the clog was due to "user error."" :-P
@Nicole A. I disagree with charging it as additional rent because that may not fly in a court of law. I do apply payments to outstanding invoices before I apply it to rent. If the tenant owes $750 rent and $250 plumbing but only pays $750, I apply it to the plumbing bill first, leaving $500 for the rent. It's much easier to take the tenant to court over unpaid rent than it is over an unpaid plumbing bill.
I provide the tenant with a letter stating what they are being charged for, a direct quote from the lease agreement showing they are responsible for tenant-caused maintenance, and a copy of the invoice so they can exactly what they were charged for.
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There's a chance that a judge will side with the tenant no matter what. So far, my lease has held up in court. ;-)
The plumber sounds pricey. If it is an older property I find it difficult to bill tenants for plumbing.
I look at it this way... say your total gross rents for all your properties is $500K per year and you spent $2,500 unclogging toilets.....The cost is not relevant no matter who stuck what up what.
Frank
I'm actually still a tenant, but a responsible one! I think the advice of billing them early but giving them time to get the extra money together is a good way to proceed. Most renters will still be in a place financially where they need advance notice to gather up that amount of money on top of their normal expenses. It's Christmas, too, so that brings extra costs.
I love the idea of language in the lease stating that rent goes to fees first! That way the tenant is late on the rent in the eyes of the law. So many great ideas on BP! I've been learning so much here. :)
Make sure that you get plumber to note on the invoice in their opinion what caused the clogg and if it was the fault of the tenant. It's hard for any tenant to fight that in court.
Originally posted by @Marrio Barnes:
Make sure that you get plumber to note on the invoice in their opinion what caused the clogg and if it was the fault of the tenant. It's hard for any tenant to fight that in court.
Good point Marrio, that's a really good point. Making that note in my Standard Operating Procedure now!
It sounds like most of you have the plumber/handyman go to the property and fix the toilet. Does anyone have the tenant take care of this and therefore have the tenant pay the bill?
Originally posted by @Jeremy Fields:
It sounds like most of you have the plumber/handyman go to the property and fix the toilet. Does anyone have the tenant take care of this and therefore have the tenant pay the bill?
In my leases, I personally do not want the tenant to try and fix anything on their own. I know how cheap people are and the thought of paying over $300 for a plumber to come out and unclog a toilet is heinous to them. They would rather deal with the clog than dump that kind of money. No pun intended.
Curious to see if anyone else requires tenants to fix things though and see how it has worked for them.