Who pays plumber in this situation, landlord or tenant?

[oohlalaw]

In California, our tenant (a mother) and her two adult daughters moved out after their one-year contract expired. One of the toilets was clogged. When Roto-Rooter arrived, we asked them if they could try to determine what had caused the blockage. After the line was cleared out, we were told the blockage was caused by tampons. Can we charge tenant for the plumbing cost to unblock the toilet?

(Additionally, in over 30 years, there has never been any plumbing blockages casued by tree roots.)

Thanks.

 

[Proserpina]

In California, our tenant (a mother) and her two adult daughters moved out after their one-year contract expired. One of the toilets was clogged. When Roto-Rooter arrived, we asked them if they could try to determine what had caused the blockage. After the line was cleared out, we were told the blockage was caused by tampons. Can we charge tenant for the plumbing cost to unblock the toilet?

(Additionally, in over 30 years, there has never been any plumbing blockages casued by tree roots.)

Thanks.

The California Civil Code 1941.1 says that the landlord is expected to keep the plumbing in working order, but that doesn't mean that you can't charge the tenant if things are blocked by flushing (or trying to flush) inappropriate objects.

Tree roots = your problem

Too much toilet paper/tampons = more likely to be their problem

What does the lease agreement say?

(The actual code can be read here: http://law.onecle.com/california/civil/1941.1.html )

 

[BL]

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

Read through the above.

Have you followed procedure ?

Did or can you obtain a statement or notation on you plumbing bill what the blockage was caused by ?

That may be acceptable to the court if tenant pursues it , or you may have to subpoena the actual employee(s) that preform the service.

 

[FarmerJ]

Toilets are not designed to be all purpose trash cans, Went thru this with tenant back in the 90s broke the neck of the toilet open right there and showed her what I had found. Do you have a picture of what the plumber found ? If not then contact them to get it written onto the bill what the blockage was and charge the tenant.

 

[oohlalaw]

The California Civil Code 1941.1 says that the landlord is expected to keep the plumbing in working order, but that doesn't mean that you can't charge the tenant if things are blocked by flushing (or trying to flush) inappropriate objects.

Tree roots = your problem

Too much toilet paper/tampons = more likely to be their problem

What does the lease agreement say?

The relevant part of the security deposit section:
"Security deposit may be used to repair damage, exclusing ordinary wear and tear caused by tenant or by a guest of tenant."

The relevant parts of the maintenance section:
"Tenant shall properly use, operate and safeguard Premises, including if applicable, any landscaping, furniture, furnishings and appliances, and all mechanical, electrical, gas and plumbing fixtures, and keep them and the Premises clean, sanitary and well ventilated. . . Tenant shall immediately notify Landlord of any problem, malfunction or damage."

Tenant did not notify us about the plumbing problem until the final walk-thru.

 

[oohlalaw]

http://www.dca.ca.gov/publications/landlordbook/sec-deposit.shtml

Read through the above.

Have you followed procedure ?

Did or can you obtain a statement or notation on you plumbing bill what the blockage was caused by ?

Read through most of it and believe we have followed procedure to date; haven't handled refund of security deposit yet but plan to this week.

We will request the plumbing company note the cause of the blockage. I realize that if they are not willing to, it may not be possible to bill the tenant. I mainly wanted to know if blockage caused by tampons is considered to be normal wear and tear.

Thanks.

 

[LdiJ]

Read through most of it and believe we have followed procedure to date; haven't handled refund of security deposit yet but plan to this week.

We will request the plumbing company note the cause of the blockage. I realize that if they are not willing to, it may not be possible to bill the tenant. I mainly wanted to know if blockage caused by tampons is considered to be normal wear and tear.

Thanks.

I think that the tampon issue is seriously iffy for the landlord. Plumbing systems are supposed to be able to handle tampons.

 

[BL]

I think that the tampon issue is seriously iffy for the landlord. Plumbing systems are supposed to be able to handle tampons.

I disagree . Many items are marked as flushable when in fact they can cause clogs .

They do not breakdown as toilet tissue does.

As a side note , a LL should write up expectations , one being nothing is to be flushed down the toilet other than toilet tissue.

 

[STEPHAN]

As a side note , a LL should write up expectations , one being nothing is to be flushed down the toilet other than toilet tissue.

So your tenants would not be allowed to use the toilet for their normal business ?

 

[BL]

So your tenants would not be allowed to use the toilet for their normal business ?

Probably should state no such things as feminine pads , tampons, toilet wipes ,condoms or the like, etc.

 

[FarmerJ]

My neighbor Heidi when her mom was still alive and living in that home, her mom routinely flushed wipes since she often had loose bowels and alot of trouble digesting things, The septic tank pump stopped working , it was not even a year old so we got the tank pretty empty and I changed it, that pump was matted and clogged with wipes ( the label said septic safe) nonsense
! If a LL really had to go to the trouble of listing it then best way to not give a tenant any ideas is to simply state ` tenant shall be responsible for repairs to the the homes waste water systems should it be discovered that they have misused them`

 

[Proserpina]

My neighbor Heidi when her mom was still alive and living in that home, her mom routinely flushed wipes since she often had loose bowels and alot of trouble digesting things, The septic tank pump stopped working , it was not even a year old so we got the tank pretty empty and I changed it, that pump was matted and clogged with wipes ( the label said septic safe) nonsense
! If a LL really had to go to the trouble of listing it then best way to not give a tenant any ideas is to simply state ` tenant shall be responsible for repairs to the the homes waste water systems should it be discovered that they have misused them`

Find a single definition of "misused" as it pertains to OP's issue.

(I'm not being snarky - but "misused" is going to be subjective unless you itemize everything...)

 

[OK-LL]

I think that the tampon issue is seriously iffy for the landlord. Plumbing systems are supposed to be able to handle tampons.

Most things identified as "flushable" (wipes, cleaning pads, tampons, etc.) in fact are flushable, but because the water level in a typical sewer line only fills the line to about 1/4 height, the expanded products are not submerged deeply enough or long enough to dissolve. Toilet paper wicks liquid up quickly which assists in dissolving. Item after item flushed will eventually lead to a clog. A reasonable lease condition might read, "Only bodily waste and toilet tissue shall be flushed through the toilet system." And, of course, language making the tenant responsible for the cost of clogs & maintenance not due to external causes such as tree roots.

 

[FarmerJ]

Ive seen feminine hygiene product strings knot together and get tied up to become a mult item knot, this is what I pulled from the neck of the toilet I broke open and showed the female tenants ( that homes resident history was the old people whom I had bought from they were in their 80s when I bought it, they had a great granddaughter and her husband who had lived there a short time after the old couple went to a highrise and then I bought in fall of 87 and there were no female residents who were still having cycle that lived with me until after I had rented it out in spring of 95. One can search the net and find actual stories of home residents who used products that said septic safe and still had problems. Any thing put in to a toilet other than TP human solids & liquid waste & in liquid or granule based cleaners is not good and for those who live in areas with city sewer it is really true , alot of people who have city sewer dont think about it or in rentals dont care and still treat toilets like garbage cans because as long as it goes down they dont care, out of sight out of mind ! SO oohlalaw make sure your new leases all include some kind of statement requiring the use of food and hair catchers in sinks & tubs and statement re toilets , saying `the toilets in this home are for human waste & tp disposal Only liquid or granule toilet cleaners are permitted. Tenant does not have consent to flush any so called septic safe products , clogs caused by mis use of the homes waste water system shall be billed to the tenant.