Tenant Clogged toilet and flooded bathroom causing water to leak

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Tenant Clogged toilet and flooded bathroom causing water to leak

Simon D.
Brooklyn, NY · Member since 2016 · 12 posts · 2 votes

Hey Everyone,
I'm having issue with my tenant in regarding my current SFR. I got a call last week that there was a clog in the toilet, he tried to plunge but didn't work so we called the plumber to snake it and found out it was TP. On the Lease agreement i put down tenants responsibility to for unclogging toilet and will taking that bill out of his Security deposit. 1 week later same issue, the family clogged the toilet again, but this time caused an overflow of water which caused a food and leaked downstairs to the kitchen. I got a plumber again, snaked it and once again broke it up and cleared it (couldn't Identify this cause but plumber suspects TP). Now this time plumber states he needed to take the toilet off bc the snake got stuck and had to check if anything else behind it, Nothing. Tenant uses Double ply and i told him the first time NOT to throw TP and dispose in a garbage.


He is not agreeing to paying for the unclog the 2nd time, can i just take it off the Security deposit bc it's stated in the Lease agreement. Its a 3250 Security deposit so lots of extra just incase for wall damages, painting etc. 

Also for the leaking ceiling in the kitchen, how do i go about doing this? should i just call my insurance to get an inspector. How can i make tenant pay for the damage for the flood he caused?

Any help is appreciated.


Thank you,

Simon

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Aaron Hunt
All Over, USA · Member since 2017 · 689 posts · 756 votes
8y
Yeah, it’s frustrating to deal with as a landlord but you gotta know to screen out tenants who use more than 4-squares of 2-ply. Are you sure its not 3-ply? I hear Charmin Soft doesn’t clog as easily as Charmin Ultrastrong. From one landlord to a toiletlord, it’s called toilet paper for a reason. Also subscribe them on Amazon Prime to metamucil for good measure.
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  • Ray Harrell
    Investor · Chicago, IL · Member since 2016 · 1k+ posts · 930 votes
    8y

    If your toilet isn't flushing toilet paper, the issue may be with your toilet water pressure. Toilet paper is meant to be flushed.

    2Reply
  • Eileen Murray
    Real Estate Agent · Niagara County NY · Member since 2017 · 121 posts · 77 votes
    8y

    I agree with @Ray Harrell  I'd be appalled if someone told me I had to throw used toilet paper in the garbage rather than flushing it. No. Way. 

    Now if the tenant is ising half a roll every time they go- that becomes a problem. Did the plumber say if there was a water pressure issue?

    1Reply
  • Aaron Hunt
    All Over, USA · Member since 2017 · 689 posts · 756 votes
    8y
    Yeah, it’s frustrating to deal with as a landlord but you gotta know to screen out tenants who use more than 4-squares of 2-ply. Are you sure its not 3-ply? I hear Charmin Soft doesn’t clog as easily as Charmin Ultrastrong. From one landlord to a toiletlord, it’s called toilet paper for a reason. Also subscribe them on Amazon Prime to metamucil for good measure.
    6Reply
  • Jeff Bridges
    Investor · Hyattsville, MD · Member since 2012 · 822 posts · 441 votes
    8y
    Originally posted by @Simon D.:

    Hey Everyone,
    I'm having issue with my tenant in regarding my current SFR. I got a call last week that there was a clog in the toilet, he tried to plunge but didn't work so we called the plumber to snake it and found out it was TP. On the Lease agreement i put down tenants responsibility to for unclogging toilet and will taking that bill out of his Security deposit. 1 week later same issue, the family clogged the toilet again, but this time caused an overflow of water which caused a food and leaked downstairs to the kitchen. I got a plumber again, snaked it and once again broke it up and cleared it (couldn't Identify this cause but plumber suspects TP). Now this time plumber states he needed to take the toilet off bc the snake got stuck and had to check if anything else behind it, Nothing. Tenant uses Double ply and i told him the first time NOT to throw TP and dispose in a garbage.


    He is not agreeing to paying for the unclog the 2nd time, can i just take it off the Security deposit bc it's stated in the Lease agreement. Its a 3250 Security deposit so lots of extra just incase for wall damages, painting etc. 

    Also for the leaking ceiling in the kitchen, how do i go about doing this? should i just call my insurance to get an inspector. How can i make tenant pay for the damage for the flood he caused?

    Any help is appreciated.


    Thank you,

    Simon

     How old is the toilet? My recommendation would be to change out the toilet if its more than 5-10 years old with an american standard Cadet or similar new toilet. TP is the only foreign object getting stuck in the toilet and that doesn't appear to be a tenant being negligent. It looks like you would be on the hook for the plumber and associated damage from toilet overflow since the plumber didnt find anything that shouldnt have been in the toilet or drain... Its unfortunate that your toilet overflowed, but you can't make your tenant pay for damage caused by old out-dated fixtures that aren't performing their job adequately. Time to update the toilet, repair damages, and move on. Get some quotes for repairing the damage and see if its worth making an insurance claim. I always try to avoid making claims unless its $2500+ because small claims could result in premiums going up.

    Don't go dipping into the security deposit as that will mean you have nothing if there are damages you find at lease end to withhold after move out. You also have to have demonstrated that tenant was negligent. in this case, your plumber wouldnt be able to write a report pointing fault to the tenant, so you cant charge them for the plumber or resulting damages.

    check out the things the cadet can flush down with ease. Its crazy! The older toilets can't do this:

    https://www.youtube.com/watch?v=mkOaQNiKgoo

    1Reply
  • Simon D.
    OP
    Brooklyn, NY · Member since 2016 · 12 posts · 2 votes
    8y

    My apologies, I told him to change to single ply and just separate flushes for excess. Avoid throwing wet whips tampon and qtips

    0Reply
  • Simon D.
    OP
    Brooklyn, NY · Member since 2016 · 12 posts · 2 votes
    8y

    I appreciate the feed back, I'm new to landlording over all. I'll go ahead and just change the toilet or see if its a pressure issue. I got a general tenant contract online stating unclogging is by tenants.

    1Reply
  • Jeff Bridges
    Investor · Hyattsville, MD · Member since 2012 · 822 posts · 441 votes
    8y
    Originally posted by @Simon D.:

    I appreciate the feed back, I'm new to landlording over all. I'll go ahead and just change the toilet or see if its a pressure issue. I got a general tenant contract online stating unclogging is by tenants.

     On older toilets, the bowl nozzles that create the downward pressure can get clogged up with sediment over time and dont help the contents of the bowl go down well enough. The old toilets also have smaller and less efficient drains. so much can be resolved by installing any newer toilet. My bets on a new toilet making this issue go away completely. Also make sure to change out the supply line with a nice metal braided one. good insurance as it lasts longer than the cheaper ones.

    2Reply
  • Josh C.Pro Member
    Property Manager · Indianapolis, IN · Member since 2010 · 1k+ posts · 1k+ votes
    8y
    I second all these suggestions. How did your plumber not recommend this? Anyway I suggest a new toilet and add a vent or at least a studor vent. Also, you can’t recommend ply man. Not cool. Feminine products they can’t flush, but your system should be able to handle any type of tp.
    1Reply
  • Brian Ploszay
    Investor · Chicago, IL · Member since 2009 · 1k+ posts · 1k+ votes
    8y

    This doesn't seem like the tenant's fault.  Toilet paper usually dissolves fairly well.   For normal usage, a tenant should expect it to go down.  Even minor clogs can be plunged.  Is he using baby wipes?  These should not be flushed down the toilet.  

    0Reply
  • Johann Jells
    Rental Property Investor · Jersey City, NJ · Member since 2011 · 1k+ posts · 876 votes
    8y

    +1 for the Cadet 3. One of the few times the cheapest is also the best!!  I've installed like 14 of them, very few problems. I have them in my own home, never have to flush twice.  If the offending toilet is more than 15 years old, replace it. The newer loflows are much better designed, especially the 3" valve ones like the Cadet. 

    0Reply
  • Derrick E.
    Investor · The Creek, WV · Member since 2014 · 890 posts · 1k+ votes
    8y

    LOL....You seriously told him to throw his used TP into the trash instead of flushing? I would also love to hear what he thought when you told him he could only use 1 ply hahahaha.....sounds like this is upper class rentals too. You said security deposit was over $3k. This is epic. Thank you for sharing this my friend. 

    2Reply
  • Aaron Hunt
    All Over, USA · Member since 2017 · 689 posts · 756 votes
    8y
    Originally posted by @Derrick E.:

    LOL....You seriously told him to throw his used TP into the trash instead of flushing? I would also love to hear what he thought when you told him he could only use 1 ply hahahaha.....sounds like this is upper class rentals too. You said security deposit was over $3k. This is epic. Thank you for sharing this my friend. 

    Doubtful man. There's no bidet.

    0Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    @Simon D. you need to replace the toilet, which you apparently already know.

    Here's the real lesson: never, never, never use the Security Deposit to pay for maintenance, utility bills, last month's rent, etc. Never!

    First off, the law says the Security Deposit belongs to the tenant. You are holding it on their behalf but that doesn't mean you get to spend it whenever and however you want. The deposit can only be used for specific charges after the lease terminates. Some acceptable charges: unpaid rent, unpaid utilities, cleaning, and repairs.

    Secondly, the Security Deposit is your security that the tenant will abide by the terms of the lease. It gives you leverage. That leverage disappears if you spend it. For example, let's say you have a $1,000 deposit and you spend $400 of it on a couple plumbing bills and a utility bill that the tenant refused to pay. Then it's time for the tenant to move out and they don't pay their last month's rent (very common). They owe you $1,000 but you only have $600. When they finally move out, you learn they stuck you with $300 in utility bills and another $700 in cleaning and repairs. You are now $1,400 in the hole.

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