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Can my landlord make me pay for a sewage line clog?

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Tfields3006

Junior Member
New York State
My landlord got the sewer snaked/cleaned January 27th 2016. I am my family moved into the apartment around January 15th 2016. Since then there has been 4-5 issues with plumbing and it is only August. The apartment is a duplex, one of the 5 plumbing issues happened in my home. The bathtub & kitchen sink would not drain properly. All of the other plumbing issues had to do with the upper apartment which is another tenant. Pipes have burst in the upper apartment, and there has been a major leak from pipes down in the basement. For all of these issues I have video pictures and text messages from the landlord. Just this past Saturday I discovered gushing water from a hole in the basement. I told the landlord immediately and sent her a video of what was happening. She had to have a plumber come out right away and they discovered there were wipes clogging the sewer drain. The landlord immediately called my spouse and told him the plumber found baby wipes clogging the sewer line and we must have flushed them so we are responsible for the total cost of $290. In the lease it does state that the tenant is responsible for all clogs caused by placing things in a toilet that does not belong. The landlord walked through the upper tenants apartment and because they didn't see any signs of baby wipes she told her she will not be responsible for the cost. The landlord never asked 2 walkthrough my apartment to check for any signs of wipes. I spoke with the landlord and asked her how did she and the plumber come to the conclusion that these were baby wipes and not Lysol wipes or any other personal hygiene wipe. She couldn't 100% validate how these could only be baby wipes and therefore I questioned how only I was responsible for the full $290 cost. The landlord then mailed a receipt of the snake cleaning of the sewer on January 27th and the receipt for the cleaning of the clog just recently and stated that I and the upstairs neighbor would be responsible for $145 each. I feel like the cost is 100% the landlord's responsibility. Although she got the sewer drain cleaned January 27th I and the upstairs neighbor have experienced many faulty Plumbing issues since then. My family and I do not use any type of wipes in this house. If we owned any wipes I would pay the $145 because there could be the slight possibility that we were the cause of the clog ( even though I feel differently). However I know 100% sure that my family and I do not use wipes of any sort. The facts are that this home has had many Plumbing issues since January and it is not 100% that these wipes did not finally become an issue due to previous tenants. Can my landlord make me and the Tenant upstairs pay $145 because she feels either of us cause this issue without proof? The landlord is telling us that if we do not pay this costs within 10 days it will be taken from our security deposits. I feel, with the past history of this home plumbing issues, this clog could have still been there after she got the sewer line cleaned January 27th. I have no problem with paying for something that I have cost but I do have an issue with paying for something that the landlord should be taken care of. If my toilet was snaked and there were wipes, tampons or anything else found I will be paying my bill with no questions asked. However this situation is different. Can anyone advise?
 


justalayman

Senior Member
I quit reading when you said it was 100% the landlords expense. The landlord can charge tenants for negligent acts that cause damage. The only issue is to whom does he attribute the clog to. If you wish to argue it, go ahead. If it goes to court he has to prove his claim.
 

Tfields3006

Junior Member
I quit reading when you said it was 100% the landlords expense. The landlord can charge tenants for negligent acts that cause damage. The only issue is to whom does he attribute the clog to. If you wish to argue it, go ahead. If it goes to court he has to prove his claim.
I understand the landlord can charge tenants for negligent acts that causes damage. I mentioned that myself. However, I am obviously explaining that I did not cause the clog by flushing wipes of any kind. So basically the landlord will have to prove that I have done so?
 

justalayman

Senior Member
If this clogging started after you moved in it is a strong hint that you have caused it. If there were any clogging above you, if there were wipes involved it would tend to exonerate you.
 

LdiJ

Senior Member
If this clogging started after you moved in it is a strong hint that you have caused it. If there were any clogging above you, if there were wipes involved it would tend to exonerate you.
Maybe...it depends on lots of factors.

If the pipes inside the structure don't have a problem dealing with wipes, but the main drain from the structure to the sewer does because of things like tree roots or partial clay pipe collapse, then the clog will never happen until it reaches that spot therefore it will never be an indication of just who caused the clog. In that instance the lower unit will always experience the effects of the clog before the upper unit does, if the upper unit EVER experiences it.
 

justalayman

Senior Member
Maybe...it depends on lots of factors.

If the pipes inside the structure don't have a problem dealing with wipes, but the main drain from the structure to the sewer does because of things like tree roots or partial clay pipe collapse, then the clog will never happen until it reaches that spot therefore it will never be an indication of just who caused the clog. In that instance the lower unit will always experience the effects of the clog before the upper unit does, if the upper unit EVER experiences it.
Of course it does. I said it was suggestive. Suggestive is obviously not definitive. You completely missed what I said though. If there had never been a problem before op moved in and it's obvious there is a problem now, it is suggestive the op is causing the problem. Of course of the upstairs neighbor coincidentally started using wipes when the op moved in it would appear the same but of course the chances of that happening are not all that likely.


Another damning bit of info would be if the op has a child in diapers and the upstairs neighbor not having the same. Of course that's not the only reason one might use baby wipes but again, it supports it being the op being the cause of the problem.


My second statement is what it is; if the clog was before the op's connection obviously it couldn't be the op causing the clog.
 

Tfields3006

Junior Member
Of course it does. I said it was suggestive. Suggestive is obviously not definitive. You completely missed what I said though. If there had never been a problem before op moved in and it's obvious there is a problem now, it is suggestive the op is causing the problem. Of course of the upstairs neighbor coincidentally started using wipes when the op moved in it would appear the same but of course the chances of that happening are not all that likely.


Another damning bit of info would be if the op has a child in diapers and the upstairs neighbor not having the same. Of course that's not the only reason one might use baby wipes but again, it supports it being the op being the cause of the problem.


My second statement is what it is; if the clog was before the op's connection obviously it couldn't be the op causing the clog.
As soon I moved in there were issues with the drains clogging and I have the videos and text messages to the landlord to prove so. My children are 4 and 6, I haven't used a wipe in a few years.
The tenant upstairs have shared text messages of how much money she's spent on Drano since she's been here due to the clogs she has in her unit as well. So I am not the cause of the problem if the problem has existed since I've been here.
The tenant upstairs moved into this unit from the one of the same landlord's previous homes due to plumbing being a major issue amongst other things.
I just want to be treated fairly. As I stated before if I even had wipes in my home I would be willing to pay my part, but because I do not and all of these issues started prior to me moving in I'm not willing to pay for this issue. I just want to see other opinions. Thank you all for your insight.
 

Tfields3006

Junior Member
If the landlord is smart they have kept samples of the wipes as evidence.

Gail
I doubt very much that they did because when I asked her how did she and the plumber conclude that these were "baby wipes" over all wipes that can be used, she said, well, I certainly don't have any, they came from the sewer so I wasn't going to keep them. She then proceeded to say how they can be categorized as a "personal wipe" instead of a "baby" wipe.
Even if she did keep the wipe, how could it be proven to be from my family in the lower unit? Or even her tenant in the upper unit? If both tenants have had multiple issues with drains clogging and plumbing issues overall, (all that the landlord has paid for because there was no neglect on the tenants part) I just don't understand why the landlord isn't looking at the facts now. Yes you found wipes, however youve had multiple issues prior to me moving in and all during the time the upper tenant has been here.
 

justalayman

Senior Member
As soon I moved in there were issues with the drains clogging and I have the videos and text messages to the landlord to prove so. My children are 4 and 6, I haven't used a wipe in a few years.
The tenant upstairs have shared text messages of how much money she's spent on Drano since she's been here due to the clogs she has in her unit as well. So I am not the cause of the problem if the problem has existed since I've been here.
The tenant upstairs moved into this unit from the one of the same landlord's previous homes due to plumbing being a major issue amongst other things.
I just want to be treated fairly. As I stated before if I even had wipes in my home I would be willing to pay my part, but because I do not and all of these issues started prior to me moving in I'm not willing to pay for this issue. I just want to see other opinions. Thank you all for your insight.
while your statements offers some defense for you, if lines didn't need to be cleaned until you showed up it still suggests you have at least added to the issue. If the clogs are due solely to what is being flushed and not a defective sewer line it still points to you at some level.


Regardless, if this is a tenant caused problem and not an issue with the lines themselves, the tenants are still the liable parties. It's just the landlord proving which, if not both, is going to pay. If it is an issue with a defective sewer line then the cost is on the landlord.


From a tradesmans point of view I suspect a problem with the lines themselves but proving that can be difficult and costly (more than you are being asked to pay). If you want proof it is a defective sewer line you are probably going to have to pay to have a sewer company run a camera down the line and record it. It they find a damaged/partially blocked line it would go a long way in defending your position.
 

Gail in Georgia

Senior Member
"Even if she did keep the wipe, how could it be proven to be from my family in the lower unit? Or even her tenant in the upper unit? "

"The apartment is a duplex"

You indicate the apartment is a duplex. An upper apartment and a lower apartment, correct? If not from one or the other of these tenant families, where do you think a wipe would show up?

Gail
 

Tfields3006

Junior Member
"Even if she did keep the wipe, how could it be proven to be from my family in the lower unit? Or even her tenant in the upper unit? "

"The apartment is a duplex"

You indicate the apartment is a duplex. An upper apartment and a lower apartment, correct? If not from one or the other of these tenant families, where do you think a wipe would show up?

Gail
Yes it is a duplex. Obviously the wipes came from either apartment. However, when they removed the wipes, the wipes didn't come out screaming, "I was flushed from the lower bathroom on February 5th". My point being the landlord doesn't know when or who flushed these wipes. I have all the info I need to move forward on this matter per the other responses I've received.
 

Tfields3006

Junior Member
while your statements offers some defense for you, if lines didn't need to be cleaned until you showed up it still suggests you have at least added to the issue. If the clogs are due solely to what is being flushed and not a defective sewer line it still points to you at some level.


Regardless, if this is a tenant caused problem and not an issue with the lines themselves, the tenants are still the liable parties. It's just the landlord proving which, if not both, is going to pay. If it is an issue with a defective sewer line then the cost is on the landlord.


From a tradesmans point of view I suspect a problem with the lines themselves but proving that can be difficult and costly (more than you are being asked to pay). If you want proof it is a defective sewer line you are probably going to have to pay to have a sewer company run a camera down the line and record it. It they find a damaged/partially blocked line it would go a long way in defending your position.
Thank you for your insight.
 

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