Clogged Drain - Who pays the bill?

Question

I just paid $320 + tax for a plumber to spend 2 hours to clean out a kitchen clog at a tenant's apartment. The clog was like 5' deep and evening causing backup to the vacant unit on the other side.

Do you, landlord or PM, usually pass this bill along to the tenants?

Mary M. · Answer

I would be careful charging tenants. The last thing you want is them not reporting clogs, leaks, etc..... you want them to tell you when there are issues.

Kenneth Garrett · Answer

@Julie Marquez

What caused the backup?  If you can’t determine the cause of the backup then the cost is on you.  If it’s the first time I generally pay for it.  If it’s a second time I make sure the plumber identifies what the blockage is and access the bill if I can determine it was due to the tenant.

Account Closed · Answer

Landlords are usually responsible to keep the plumbing in good repair, regardless of whatever language you put in the lease.  Depends on the state.

As others have said, I'd want to know from the plumber what it looked like was the cause.  If it was a bunch of cigarette butts (been there) I'd charge the tenant.

Also, be sure and tell all your tenants that flushable wipes aren't flushable.  Can't tell you how many times we had to deal with clogs caused by flushable wipes.  They're a conspiracy with plumber's unions no doubt.

Also, do you trust this plumber?  That seems weird for it to take so long to just clear a kitchen clog.

David Avetisyan · Answer

I think it’s irrelevant what the lease says, especially if things take a legal turn. You’ll be hard pressed in a court of law to find a judge in small claims to enforce a tenant paying for a clogged drain, especially if they’ve been good long term tenants.

Devin E. · Answer

I had a similar situation in the past with a longterm tenant. The drain to the sink was completely clogged. My plumber removed the pipe from underneath the house and it looked like the tenant poured cement down the drain. I showed the tenants and informed them they would be billed for the repair. This was the first time the tenants called me regarding a clogged sink but because the cause of the clog was clearly do to the tenants being careless, I billed them for the repair. Like others members stated, it also depends on what you have in your lease. Good luck and let us know how it goes.

Sam Leon · Answer

As others have stated, it's a real difficult thing to prove the real cause.

I have a clause in my lease agreement that stated that the drains are all clear and functional, what are the 500 things to not put down toilets and disposers, and if there is any blockage the tenants will be responsible for the cost of drain cleaning.  Even with that clause, I do not typically charge the tenants unless I can prove they caused the blockage.

A clear case would be they flushed a rubber duck or a tooth brush down and that lodged inside the neck of a toilet.  I would charge the tenants.

On the flip side, if it's a line with tree root penetration then it's your problem to solve.

In many cases you may not be able to tell.  The drain cleaner snakes or jets the line and rarely are they able to see the items flowing past.

Also in some cases it's a combination, it could be an old cast iron pipe with a rough inside surface full of rust, which started to act like velcro to things that flows past, or a slight settlement causing a belly, which again impedes the flow, then the tenant pours down grease, pasta and bean, well, you get the idea.

Most of the time you end up eating the cost especially if the plumber can't tell you anything.

Now, you mentioned that the clog caused water to back up to a vacant unit next door.  Well, this is a problem because it means the blockage is located at a point AFTER the drain from both units come together.  So it is possible the blockage was originally caused by someone next door, a blockage formed downstream of the wye, but since it's vacant, no one sent anything down the drain to trigger any symptoms.  Now this unit runs the dishwasher, and it backs up into this unit.  In this case more then likely you have to eat the cost.

Corby Goade · Answer

What right do you have to charge the tenant? Does your lease make you responsible for maintenance of the property? I'd suck it up and pay it and give the tenant a lesson on property drain maintenance and tell them that next time you expect them to foot the bill. You probably can't MAKE them, but you can always say it.

Kyle J. · Answer

Usually depends on two things: 1) What caused the clog, and 2) How your lease reads.

For example, my lease says “Tenant shall be charged for repair of drain blockages or stoppages, unless caused by defective plumbing parts or tree roots invading sewer lines.

I have had tenants call me about clogs that were found to actually be caused by tree roots. And in those cases, I paid for them to be cleared because that’s what my lease says I’m supposed to do.

On the other hand, if it was a clog that was found to be caused by something the tenant shoved down the drain, that’d be something the tenant would have to pay for because that’s also what the lease calls for.

Julie Marquez · Answer

Account Closed Flushable wipes are the worst! We even say not to flush them in a part of the agreement. Thanks for commenting on the hours part. It was a shy 2 hrs from a guy we always use

@Mary Mitchell Totally agree with you about that

@Sam Leon Thanks for the comments, I ended up charging them for half of the bill

@Pat L. That sounds like a smart solution!

Julie Marquez · Answer

@Corby Goade Here's what our agreement says: PLUMBING: Resident shall be responsible for all costs related to any repair or maintenance of any plumbing stoppage or slow-down caused by Resident, whether accidental or purposeful. Resident agrees not to place into any drain lines of the Premises any non-approved substances, such as cooking grease, sanitary napkins, diapers, children’s toys or other similar object that may cause a stoppage. Resident shall notify Landlord of any plumbing leak or slow drainage within twenty-four (24) hours. Landlord shall use reasonable efforts to remedy the plumbing problem. Resident shall only use a plunger to attempt to fix a slow or stopped drain, and shall not pour chemical or other drain cleaners into any stopped or slow drains. Resident shall also be responsible for any plumbing system freeze-ups occasioned by Resident’s negligence.

Clogged Drain - Who pays the bill?

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