plumbing expenses 4 months after tenant moves out

plumbing expenses 4 months after tenant moves out

Homeowner · Fairmont, WV · Member since 2014 · 95 posts · 19 votes

This is probably a question with an obvious 'no' answer but I asked tenants to vacate by end of Oct 2020. They did. I didn't get a new tenant until just a few weeks ago. By law I had mailed the previous tenants the security deposit letter and expenses deducted from it within 30 days of their vacating. But recently there were some plumbing problems reported by the new tenant that have necessitated a plumber. The damages to the unit exceeded the security deposit amount but they have agreed to pay the excess willingly for which they signed a payment agreement with me and are up-to-date with their payments. I suppose the cost is not something that can be retroactively billed back to the tenants? The property is in Ohio.

Plumber eventually snaked the toilet and ended up having to remove the toilet from the drain to pull out a kid's extra large toddler plastic blocks so it's definitely not the current tenant's item (separated woman in her 50s who lives alone in the unit with no family visiting). It's the biggest block so it's about 4" long and 1" wide or so, stuck in the curve part of the toilet. Not sure what the final bill will be but probably $200+, at least $150. 

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  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    5y

    Doesn't hurt to ask, but they will probably decline to pay it. Your recourse is to take them to court and let a judge decide who caused the damage (which seems pretty easy in this case). Given the low cost of the repair, I'd just eat it and move on. How much is your time worth? Personally, I'd pay $200+ not to have to spend a day in court and then try to collect on the judgment. 

  • Homeowner · Fairmont, WV · Member since 2014 · 95 posts · 19 votes
    5y

    One question is whether they are still liable from a legal perspective. A judge may deem them as causing the damage but the bigger question is whether they can still be held legally liable. If there is doubt there regarding liability then I couldn't push much on the tenants to pay willingly to avoid court. So far they've paid willingly because I think they know they would lose in court but they may argue this one given it's been so long since they vacated. But then again, legally, maybe that doesn't matter. I don't know, hence why I'm asking here.

  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    They may still be liable, but I wouldn't spend my time bothering with it. They are paying to cover the damages after vacating and you don't want to upset that just for a couple hundred dollars more. Let it go and be happy they are paying for the other expenses.

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