Does the tenant pay for this?

Question

This is my first rental property and I’m managing it myself.

The tenant had a maintenance call for a toilet clog. The plumber found paper towels and baby wipes when snaked.

This appears to be tenant caused. Do I ask the tenant to pay all $400 for the bill?  Split the bill?  It’s the tenant’s 2nd month.

Patrick O'Sullivan · Answer

@Nina Diehl you handled this really well, especially for your first rental. You had a clause in your lease that covered you, but you also took the tenant’s situation into account and came up with a reasonable repayment plan. That kind of balance between protecting your investment and being fair goes a long way in building a good landlord-tenant relationship.

Also, great call on using this experience to inform your lease and management approach going forward. Each situation like this adds to your landlord toolkit.

You’re off to a strong start. Keep going!

Nina Diehl · Answer

Thanks to my landlord friend who helped me write the lease, the lease does state:

36. MAINTENANCE AND REPAIRS: (a) Owner shall maintain (if necessary in Owner's sole discretion) the plumbing, heating, cooling, electrical systems, and also the exterior walls and roof of the Property for any repair that is greater than One-Hundred Dollars ($100.00). However, Resident shall be obligated for the costs of such repairs, replacements, and related services if the need for such repairs, replacements, and related services results from the negligence or misuse by Resident, other residents of the Property, or Resident’s agents, servants, employees, invitees, or family members, or if the repair is less than One-Hundred Dollars ($100.00). Resident agrees to promptly notify Owner of any condition which is the obligation of Owner to repair or replace. Resident will not authorize any work to be performed without the express written consent of Owner.

As the tenant is on a fixed income, and is a single mom with kids (including a toddler in diapers), I ended up telling the tenant to pay $50 per month for 8 months to cover the cost.

Thank you for your help on this, BP community.

Benjamin Aaker · Answer

I think the learning point here is that you need to have tenant-caused issues spelled out in the lease. I know Captain Hindsight might not help you right now but it's a learning point.

For you, I agree with those who stated to get it paid and find a new plumber.

Peter Mckernan · Answer

Typically this is something on the landlord unless there is something in the lease that states putting anything other than toilet paper down the toilet that causes an issue will be on the tenant. The baby wipes are hard on the plumbing and that ends up causing a lot of clogs, so I would talk with the tenant this time on you paying for it, but going forward I would tell them it will be on them and change it with an addendum.

Theresa Harris · Answer

Does the tenant have a baby or could the blockage be the result of someone who lived there before and it just shifted and blocked the pipes now?  If they have a baby and it could be from them, I'd talk to them and tell them not to flush anything other than toilet paper down the toilet and say as it is the first time, you will pay for half of the bill; but if it happens again, they will pay the entire bill.  If they don't have an obvious reason to use baby wipes-same conversation, but I'd pay for the first time and they are on the hook for any subsequent blockages.

Patrick O'Sullivan · Answer

That's what the community is here for. Thanks for sharing your experience.

Nina Diehl · Answer

Thank you @Patrick O'Sullivan

Nadeem Alamgir · Answer

$400 for snaking a sewer line does sound pretty steep. Unless the lease says otherwise, you'll have to eat the cost for this one.

Carl Millsap · Answer

@Nina Diehl do you have something in your lease that states damage caused by the tenant or their guest is their responsibility? Or something specific about not flushing wipes (to include "flushable" wipes / paper towels?

If yes, send the bill to the tenant.

If no you have a couple options:

1. Pay the bill, notify the tenant, give them a warning if it happens again the bill is on them.

2. Split the bill with the tenant and give them a warning that if it happens again the entire bill moving forward is on them. Consider this option as paying to learn the business.

Also...each lesson you learn in this business add a clause for it in your lease this way if your next tenant does it it's already covered. No need to pay for a lesson twice.

My lease is currently 7 pages....I've learned a lot of lessons.

Hope this helps.

Does the tenant pay for this?

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