Tenants did not inform about running toilet, huge utility bill

Vancouver, Canada
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Tenants did not inform about running toilet, huge utility bill

Calvin D.
Investor · Canada · Member since 2019 · 11 posts · 2 votes

I have some young tenants in a main floor of a house. They are respectful and nice, but did not think to inform me that the toilet was running all the time, though they noticed it was “always making noises.” I just received a $900 water bill for last month, which is how I found out about this. If I had known about the running toilet I would have dealt with it immediately. Who is responsible for this water bill? Thank you!

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Nathan GesnerBusiness Member
Moderator
Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
4y

If the utility is in your name, then you must pay it. However, you can send the bill to the tenant and at least require them to pay half of it since it was their fault.

when you include utilities in the rent, I recommend you have a clause that states they are responsible for any excess utility use due to negligence or abuse. I also recommend you educate them on the damage that can be caused by a leaking toilet, dripping faucet, faulty thermostat, etc. 

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  • Linda Thomas
    Rental Property Investor · Allentown PA · Member since 2021 · 159 posts · 36 votes
    4y

    does tenant pay for water? Is it in lease.? I would say its the tenants responsibility as they did not report it to you.  

    1Reply
  • Bruce WoodruffPro Member
    Contractor/Investor/Consultant · San Diego / Phoenix · Member since 2021 · 12k+ posts · 15k+ votes
    4y

    Yes, it depends on whose name is on the bill. But even if it is your name, the tenant still has some responsibility here. I'd meet with them and offer to meet them halfway.....

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  • Benjamin AakerPro Member
    Rental Property Investor · Brandon, SD · Member since 2015 · 1k+ posts · 1k+ votes
    4y

    It's unfortunate, but if the tenant doesn't have any skin in the game on utilities, it's easy for them to ignore things like running toilets and leaving lights and heat on. I'm not sure how much legal assistance you'll have in Vancouver if you have nothing in the lease regarding this. Captain Hindsight would tell you to implement inspections in the units to find these problems early. You could implement a billback system for utilities, but that would need to be in a future lease. You might also want to call the water company and see if there was an error. I've seen them bill 10x for water when missing a zero. 

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  • Scott Mac
    Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
    4y

    Maybe get something like this: https://www.homedepot.com/p/MOEN-Flo-0-75-in-Smart-Water-Leak-Detector-with-Automatic-Water-Shut-Off-Valve-900-001/309096191

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  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    4y

    Talk to the tenants and the water company.  I'd have the tenants pay for at least half of that bill (assuming you included water in the rent-if they pay for the water, then it is all on them).

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  • Brian Liscio
    Little Falls, NJ · Member since 2014 · 88 posts · 49 votes
    4y

    @Calvin D.

    It’s a lesson learned. I recently added that to our leases. Tenant is responsible to contact PM for any water issues immediately and is responsible for excessive use of water. They live there and can hear the water refill the tank at night. $900 is a lot to suck up. I’d try to work something out with them as a possible split.

    2Reply
  • Chris SeveneyBusiness Member
    Moderator
    Investor · VA · Member since 2015 · 21k+ posts · 19k+ votes
    4y

    @Calvin D.

    This will be tough to charge them. Most likely they didn’t know. Yes they heard it but then not knowing doesn’t make it their fault. I had a tenant where we had the hvac unit in attic leak as the condensate was blocked. They had no clue what to do or what was going on but reported it only because water was pouring out of ceiling

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  • Dwayne Poster
    Investor · Van Isle · Member since 2021 · 455 posts · 226 votes
    4y

    Does your lease require them to contact you in regards to issues, if so, it's on them, if not, it's on you. Add it to your lease, and have tenants pay for utilities.

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    4y

    If the utility is in your name, then you must pay it. However, you can send the bill to the tenant and at least require them to pay half of it since it was their fault.

    when you include utilities in the rent, I recommend you have a clause that states they are responsible for any excess utility use due to negligence or abuse. I also recommend you educate them on the damage that can be caused by a leaking toilet, dripping faucet, faulty thermostat, etc. 

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    3Reply
  • Eliott Elias
    Investor · Austin, TX · Member since 2021 · 9k+ posts · 5k+ votes
    4y

    Why are you paying their water bil?

    1Reply
  • Hoi L.Pro Member
    New to Real Estate · Chadds Ford, PA · Member since 2021 · 69 posts · 29 votes
    4y

    If your lease states that water is included in the rent, then I feel you are responsible for it.  However, I would immediately put in a lease addendum stating that any water utility bill above a certain reasonable amount for a family of ** will be charged to them.  This will maintain your original lease agreement to a degree but avoid having your tenants abuse or ignore a problem that they feel will not impact them.  If they are nice and quiet and you don't want to lose them as tenants, also this will achieve a compromise.

    1Reply
  • Dwayne Poster
    Investor · Van Isle · Member since 2021 · 455 posts · 226 votes
    4y
    Quote from @Hoi L.:

    If your lease states that water is included in the rent, then I feel you are responsible for it.  However, I would immediately put in a lease addendum stating that any water utility bill above a certain reasonable amount for a family of ** will be charged to them.  This will maintain your original lease agreement to a degree but avoid having your tenants abuse or ignore a problem that they feel will not impact them.  If they are nice and quiet and you don't want to lose them as tenants, also this will achieve a compromise.

    wouldnt it make sense then if they conserved utilities and then asked for a rebate.  People are funny when they think they are not getting full value. 
    1Reply
  • Calvin D.
    OP
    Investor · Canada · Member since 2019 · 11 posts · 2 votes
    4y
     Thanks so much for all the helpful responses. 

    There is a clause that they need to report to me if there are any house maintenance issues, including with water, and are responsible for any outcomes of not doing so. They did not do this (honestly I am not sure they read or remembered the details on the lease). 
    0Reply
  • Calvin D.
    OP
    Investor · Canada · Member since 2019 · 11 posts · 2 votes
    4y
    Quote from @Brian Liscio:

    @Calvin D.

    It’s a lesson learned. I recently added that to our leases. Tenant is responsible to contact PM for any water issues immediately and is responsible for excessive use of water. They live there and can hear the water refill the tank at night. $900 is a lot to suck up. I’d try to work something out with them as a possible split.

    Thanks Brian. I do have it in the lease that they are to report any maintenance issues immediately, including water issues. But not specifically that they are responsible for excessive use of water. They didn’t report the water issue, so they are at least partly responsible, though I think it was more of a matter of ignorance. 
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  • Calvin D.
    OP
    Investor · Canada · Member since 2019 · 11 posts · 2 votes
    4y
    Quote from @Eliott Elias:

    Why are you paying their water bil?

    It’s an up/down duplex and there is only one meter for the house. I’m charging a set average amount with a clause that if the utilities go over, they are responsible to pay a percentage. This strategy was what was recommended by a property management company I used to place the tenants. I am now re-thinking this and looking for a better option. 
    0Reply
  • Calvin D.
    OP
    Investor · Canada · Member since 2019 · 11 posts · 2 votes
    4y
    Quote from @Dwayne Poster:

    Does your lease require them to contact you in regards to issues, if so, it's on them, if not, it's on you. Add it to your lease, and have tenants pay for utilities.

    Thanks Dwayne. The lease does require them to contact me immediately with regard to any issues, including water. So even though they are young, ignorant of home maintenance, and likely didn’t read the lease in detail, I feel they should be able to responsible for at least part of the cost. Some folks here have recommended splitting the cost with them… this could be an option. 

    And yes, I’m going to change the way I charge for utilities as soon as the current lease is up. It’s a bit tricky as it’s an up-down duplex and you one water meter. 

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  • Hoi L.Pro Member
    New to Real Estate · Chadds Ford, PA · Member since 2021 · 69 posts · 29 votes
    4y
    Quote from @Calvin D.:
     Thanks so much for all the helpful responses. 

    There is a clause that they need to report to me if there are any house maintenance issues, including with water, and are responsible for any outcomes of not doing so. They did not do this (honestly I am not sure they read or remembered the details on the lease). 

     This would allow for you to ask for 100% of the wasted water since you have had it in the original lease.

    1Reply
  • Katelyn Andrews
    Real Estate Agent · Middle Georgia · Member since 2020 · 54 posts · 32 votes
    4y

    I would be interested to know what your lease says. But if it were me and I had to have the utilities in my name, I would put that if the bill goes over a certain dollar amount, they are responsible for the rest. 

    1Reply
  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 13k+ posts · 9k+ votes
    4y

    @Calvin D. in addition to what everyone else has said, be prepared for the tenant to threatend to move out if you require them to pay.

    Tenants NEVER want to be accountable for anything.

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  • Steven Silman
    Rental Property Investor · Vancouver, BC · Member since 2020 · 57 posts · 25 votes
    4y

    @Calvin D. It may be challenging but, given that you have the clause about house maintenance issues, you have a decent chance of successfully charging them for it. Collecting is another question but it could potentially come out of the damage deposit when they leave - understanding that you may have to go to the BC Rental Tenancy Board if the tenant doesn't don't agree. If you haven't spoken to RTB already, I'd suggest you phone them and see what they say about the situation.

    If the tenants threaten to move out I would be inclined to let them go - the rental market is tight right now and, based on their lack of awareness about household issues, they may very well cost you more money down the road from some other issue.

    0Reply
  • Calvin D.
    OP
    Investor · Canada · Member since 2019 · 11 posts · 2 votes
    4y
    0Reply
  • Calvin D.
    OP
    Investor · Canada · Member since 2019 · 11 posts · 2 votes
    4y

    @Steven Silman 

    Thanks for the input. I haven't made the phone call to the tenants yet, but I think this is what I will do. I was going to offer to pay some of it, but this really is their oversight. I've got a text message from them that they noticed the toilet was "constantly making noises," AFTER I told them about the huge water bill. So I believe this, in addition to the lease clause that they are to promptly notify me about any water issues, strengthens my case.

    I'm in Vancouver, but the duplex is in Edmonton. Thanks :)

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