Tenant clogged the drain. What do I do?

Question

Last week the tenant called - sewer was backing up into the bathroom. I called the rooter guys right away. They snaked the drain and pulled out tampons and wipes. Tenant has been in the house over a year. My cost was almost $700 for the snaking and camera work. Per the lease, the tenant is responsible for paying for this.

However, with COVID, the tenant has lost her job and is having trouble making the rent. I've cut her some slack. I don't think she'll be able to cover the $700.

#1) how do I bill for this? Is it "extra rent" or ??

#2) should I even bill her for it? I want her to learn her lesson and not flush anything like this anymore.

Patricia Steiner · Answer

The time to manage to the lease is before you become the guy holding the invoice.  If plumbing clogs are the responsibility of the tenant per the lease, either the tenant needs to hire the contractor to resolve it and/or arrange with you on how the bill will be paid BEFORE services are engaged should you handle it.  Is the problem really the making of the tenant? Was the tenant told these items should not be disposed of this way as part of the lease or addendum to it?  Don't be surprised if the tenant pushes back on any suggestion that this is her fault...it may be easier to suggest that it comes out of her security deposit (put it in writing with her signing that agreement) or splitting the cost.

Theresa Harris · Answer

If she did it, yes you bill her.  Is she not getting some assistance having lost her job?  Add it to her rent along with her doing an initial payment. So she can pay $200 now and add $50 a month to her bill to cover the rest.

Jonathan Taylor Smith · Answer

Hello @David Sisson - I'll answer your question #2 first... Of course you bill her for the repair (as long as it's covered in your lease as a tenant reimbursed expense). And if you wish to be nice about it due to COVID or other reason(s), then just offer to break it up over X number of months. Or maybe set the due date for the total amount into the future, while making it clear that the amount will need to be pad at some point. For #1, it depends on your state law and what your lease says. For me, my state and local law allows my lease to speak to this, which lease clearly makes any repair expense additional rent in the subsequent month. So a tenant caused repair in September becomes additional rent due in October.