• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Landlord trying to charge me for Sewer repairs.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Leumas

Junior Member
Last month we received a bill from our rental agency charging us for the repairs they did to the sewer system when it backed up. Not only were we inconvenienced for a whole day with no sewer, they are now trying to charge us for it. I sent them a letter that stated this:

"To whom it may concern,

This letter is in regards to the received notice of a charge on our account, for services rendered by Gary’s Plumbing & Heating; at the amount of: $585.36
This charge is in error, and must be removed with all due haste.
It is not in accordance with the lease agreement, or law; pursuant to: RCW 59.18.130, & RCW 59.18.060
Thank you for your time and understanding in resolving this issue.

Sincerely,"

They did not reply to this. However, just recently we received another notice that we have a past due bill on our account. So it seems they are still trying to charge us for this. My understanding is that this is quite illegal as we are not liable for repairs to the plumbing system as tenants.
Not sure what the next step should be???
 


Leumas

Junior Member
Only a bill

They haven't stated anything about why they think we are liable, just gave us a bill.
It is a 4plex on a septic system.
There is no liability on our side, as there was no negligence involved, only normal use.
If there is no proven negligence on our part, the Washington code is very clear that they are responsible for repairing any plumbing issues.
 

Gail in Georgia

Senior Member
It would be best if you contacted management and asked why you are being charged for this plumbing bill.

If the tenant placed something in the sewer system that should not have been there that caused the backup and need for repair, it would not be unusual that they would be charged for this.

But you need to find out more information about the reason for the billing instead of simply ignoring why you received this.

RCW.59.18.130 describes the tenants responsibilities, RCW.59.18.060 describes the landlords responsibilities. Both have responsibilities in regards to the plumbing in a rental.

Gail
 

Leumas

Junior Member
It would be best if you contacted management and asked why you are being charged for this plumbing bill.

If the tenant placed something in the sewer system that should not have been there that caused the backup and need for repair, it would not be unusual that they would be charged for this.

But you need to find out more information about the reason for the billing instead of simply ignoring why you received this.

RCW.59.18.130 describes the tenants responsibilities, RCW.59.18.060 describes the landlords responsibilities. Both have responsibilities in regards to the plumbing in a rental.

Gail
Yep, those are the RCW, that I sent them, that show we are not liable.

I guess I will open a dialogue with the property manager over email; so I have a record of everything if I need to take this to claims court. There's no way I'm paying for this BS.
 

Gail in Georgia

Senior Member
"Yes, those are the RCW, that I sent them, they show we are not liable"

These show nothing of the kind. Again, they list both the landlord AND the tenants responsibilities for rental maintenance.

RCW.59.18.130 states this as a tenant responsibility:

"(3) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord;'

Thus, again, if the tenant caused the issue with the backup it would not be unusual that they would be charged for the repair.

Again, it is best to determine WHY you were charged for this repair before you decide to suddenly turn into Perry Mason and believe you can sue over this issue.

Gail
 

Leumas

Junior Member
"Yes, those are the RCW, that I sent them, they show we are not liable"

These show nothing of the kind. Again, they list both the landlord AND the tenants responsibilities for rental maintenance.

RCW.59.18.130 states this as a tenant responsibility:

"(3) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord;'

Thus, again, if the tenant caused the issue with the backup it would not be unusual that they would be charged for the repair.

Again, it is best to determine WHY you were charged for this repair before you decide to suddenly turn into Perry Mason and believe you can sue over this issue.

Gail
EXACTLY, normal use DOES NOT = liability. The RCW clearly states if there is NO negligence there is NO liability. There was NO negligence. Also my roommate witnessed everything that the plumber did. The blockage occurred after the junction which is shared by a neighboring unit, therefore there is no way to prove anything actually even came from my unit as opposed to the other unit. Also the blockage contained nothing out of the ordinary.
 
Last edited:

Gail in Georgia

Senior Member
"The RCW clearly states if there is NO negligence, there is NO liability".

No it doesn't.


59.18.130
Duties of tenant.
Each tenant shall pay the rental amount at such times and in such amounts as provided for in the rental agreement or as otherwise provided by law and comply with all obligations imposed upon tenants by applicable provisions of all municipal, county, and state codes, statutes, ordinances, and regulations, and in addition shall:
(1) Keep that part of the premises which he or she occupies and uses as clean and sanitary as the conditions of the premises permit;
(2) Properly dispose from his or her dwelling unit all rubbish, garbage, and other organic or flammable waste, in a clean and sanitary manner at reasonable and regular intervals, and assume all costs of extermination and fumigation for infestation caused by the tenant;
(3) Properly use and operate all electrical, gas, heating, plumbing and other fixtures and appliances supplied by the landlord;
(4) Not intentionally or negligently destroy, deface, damage, impair, or remove any part of the structure or dwelling, with the appurtenances thereto, including the facilities, equipment, furniture, furnishings, and appliances, or permit any member of his or her family, invitee, licensee, or any person acting under his or her control to do so. Violations may be prosecuted under chapter 9A.48 RCW if the destruction is intentional and malicious;
(5) Not permit a nuisance or common waste;
(6) Not engage in drug-related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug-related activity at the rental premises with the knowledge or consent of the tenant. "Drug-related activity" means that activity which constitutes a violation of chapter 69.41, 69.50, or 69.52 RCW;
(7) Maintain the smoke detection device in accordance with the manufacturer's recommendations, including the replacement of batteries where required for the proper operation of the smoke detection device, as required in RCW 43.44.110(3);
(8) Not engage in any activity at the rental premises that is:
(a) Imminently hazardous to the physical safety of other persons on the premises; and
(b)(i) Entails physical assaults upon another person which result in an arrest; or
(ii) Entails the unlawful use of a firearm or other deadly weapon as defined in RCW 9A.04.110 which results in an arrest, including threatening another tenant or the landlord with a firearm or other deadly weapon under RCW 59.18.352. Nothing in this subsection (8) shall authorize the termination of tenancy and eviction of the victim of a physical assault or the victim of the use or threatened use of a firearm or other deadly weapon;
(9) Not engage in any gang-related activity at the premises, as defined in RCW 59.18.030, or allow another to engage in such activity at the premises, that renders people in at least two or more dwelling units or residences insecure in life or the use of property or that injures or endangers the safety or health of people in at least two or more dwelling units or residences. In determining whether a tenant is engaged in gang-related activity, a court should consider the totality of the circumstances, including factors such as whether there have been a significant number of complaints to the landlord about the tenant's activities at the property, damages done by the tenant to the property, including the property of other tenants or neighbors, harassment or threats made by the tenant to other tenants or neighbors that have been reported to law enforcement agencies, any police incident reports involving the tenant, and the tenant's criminal history; and
(10) Upon termination and vacation, restore the premises to their initial condition except for reasonable wear and tear or conditions caused by failure of the landlord to comply with his or her obligations under this chapter. The tenant shall not be charged for normal cleaning if he or she has paid a nonrefundable cleaning fee.
[ 2011 c 132 § 8; 19

Gail
 

FarmerJ

Senior Member
So what your saying is that the damage / clog etc was in a pipe that connects multiple units to the septic system ? is the LL billing just you for the damage or did the LL split the bill up into 25 % for each tenant ? If so its very simple your LL cant really go after every one for what might be ones actions. BUT I gotta ask just what was it that was found ? feminine hygiene products? Grease? cat liter? condoms? Wipes ? cig butts ? ( even though many claim to be septic safe they really arent ) second question I gotta ask , did your landlord give to each tenant information as to what they should not put down the sewer ? (or are there garbage disposals in each unit ?) { pretty much beside waste water+ toilet and TP really nothing else should go down the drains} did your roommate by chance happen to video what the plumber found ?
 

Leumas

Junior Member
Gail,
Subsection 4 clearly list INTENTIONLY OR NEGLIGENTY.
Since neither of those occurred, it falls under the Landlords duties to maintain the facility!
No tenant is EVER liable to replace anything that fails due to normal use.....EVER!
 

Gail in Georgia

Senior Member
" No tenant is EVER liable to replace anything that fails due to normal use.....EVER!"

Sewers don't develop clogs and back up due to "normal use".

Tree roots can grow into these (not the tenants fault of course) as well as the objects FarmerJ described.

Gail
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top