We have a tenant that told us there was a running toilet a month after it started to leak. The water co says that it started 4 days after they moved in but they did not tell us for a month. Now she has a $500.00 water bill. We had a plumber repair it, but it took him 3 more weeks to repair after she told us. Who is supposed to pay landlord or tenant?
Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
5y
@Sherry Woods Hard to say just from what you posted. To me, a "running toilet" and a "leaking toilet" are two different things. For example, a running toilet can often be fixed in about 5 minutes, usually by replacing the flapper. On the other hand, a leaking toilet could be caused by something like a misaligned or worn wax ring and is (in my opinion) more serious because water could actually be leaking out of the toilet and causing damage. The tenants (or you) could have easily fixed a running toilet, but probably not a leaking toilet without the assistance of a plumber.
We also don't know how your lease reads, or who is responsible for paying the utilities. For example, my lease says that the tenants are responsible for paying for all utilities. Additionally, it ALSO has a clause that says, in part: "Tenant shall immediately notify Landlord, in writing, of any problem, malfunction or damage. Tenant shall be charged for all damage to Premises as a result of failure to report a problem in a timely manner."
Now, although I still don't know if this was a running toilet or a leaking toilet, or how your lease reads, I can tell you that since my lease requires my tenants to report all problems to me AND it requires them to pay the utilities, I would not be paying their water bill (especially when they never reported a problem to me to begin with).
Real Estate Agent · Dayton OH (dayton, oh) · Member since 2016 · 194 posts · 123 votes
5y
So I personally have in my lease that any damage caused by tenant neglect or misuse is their financial responsibility. But my question is why did it take the plumber 3 weeks? I would suggest maybe splitting the total cost but there are many variables in that
Real Estate Agent · Las Vegas, NV · Member since 2020 · 41 posts · 41 votes
5y
This is a difficult situation. Are there any clauses in your lease regarding leaks. My leases state "TENANT agrees to notify LANDLORD of any water leakage and/or damage within 24 hours of the occurrence. TENANT understands that TENANT may be held responsible for any water and/or mold damage, including the costs of remediation of such damage." Although the water company stated the leak started 4 days after the tenant moved in, when did the tenant notice the problem?
Taking three weeks for the contractor to correct the issue seems extreme. Did you check around for another contractor to repair the problem sooner? Is it proper to hold the tenants responsible for the additional water charges because you couldn't get it repaired in a timely manner? Is there another toilet in the property the tenants could use? Did you suggest that the tenant shut off the water to the leaking toilet until it got repaired?
If your lease specifies that the tenant is responsible for the water utility bill, it is their responsibility, and prudent, for them be attentive to any running wasteful water on the property. You may want to stand strong on this but any tenant would have an issue with being responsible for this type of problem after just moving into the property. As landlord's, we have a responsibility to maintaining the property as well as moral and ethical responsibilities to the tenants.
If you explain the situation with the water company they may credit some of the water bill as a courtesy. If you didn't fulfill your responsibility as landlord in resolving the problem as soon as possible, and it resulted in a larger expense to the tenant, consider splitting the water bill with the tenant.
Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
5y
A leak would result in damage; a running toilet is no damage but a big water waster. It's also a regular and routine maintenance issue. The fact the tenant didn't report it earlier is a big issue if your lease stipulates that tenant is to report issues immediately/timely fashion. Where you lose the battle is the delay in having it repaired. During that time, the water bill was rising as well. Fixing a running toilet is a youtube video/home deposit visit fix. It's a $20 or less replacement kit that takes five minutes to install.
I recommend that:
1. you pay the portion above her normal usage this time. Let her know that not reporting future maintenance issues in a timely manner will result in it being all at her expense.
2. replace the toilet tank parts annually; the parts generally last about 4 years but chemical cleaners reduce that lifespan. $20 is a lot cheaper than the $65,000 average insurance claim that insurance companies report is the cost of a leaking toilet (cabinets, flooring, drywall).
3. make sure your lease has strong wording on reporting maintenance issues.
The joy of running a real estate business...fun, huh?