My husband and I have a rental home, rented to a husband/wife with 3 daughters. It’s a 4-bed, 2.5 bathroom. The husband called over the weekend to tell me that they came home after a game and found standing water in the upstairs bathroom, which had soaked through the floor and damaged the celing in the family room below as well as one of their bookcases.
My husband told him that it sounded like a backed up toilet and to turn off he water valve behind the toilet.
The tenants mopped up the water and used a neighbor’s shop vac to suck up the water in the family room.
My husband said he’d be out in the morning to take a look at it, but told him that it really sounded like a backed up toilet and it just needed to be plunged. In our lease agreement, it states that plunging toilets is the responsibility of the tenant.
The tenant proceeded to call a plumber who came out on a Sunday to review the situation (~$200) and the plumber aslo told our tenant that only a backed up toilet could have caused this. He adjusted a few knobs and chains – maybe to make the tenant feel bette while writing out the check.
My husband replaced the toilet within the first week that this family moved in, because it was continuing to run. So, the toilet is basically brand-new. My husband is a contractor and he knows what he’s doing. He’s put in at least a dozen new toilets.
My husband went out the next day and was handed the plumber’s bill, HUH? My husand handed it back and told the tenant to contact their insurance company for their renter’s insurance. The tenant look glum but proceeded to do this and then hired someone to repair the ceiling damage.
My husband went over to the rental today to look at the work done and the tenant handed him the bill for the repair work which my husband again handed back to him. The tenant is furious that we won’t pay for this. He said his deductible is really high and he’s been asking around and everyone is telling him that we should pay – that we’re responsible.
I would love some feedback on this. I’m not seeing the logic in our tenant’s thinking.
Thanks.
<<…he’s been asking around and everyone is telling him that we should pay – that we’re responsible.>>
During this “survey”: How many landlords did they ask? How many judges?
Of course his friends tell him that! They’re renters to and don’t want to believe that the landlord might actually be right that, due to his own negligence, the toilet backed up!
Keith
I am in Texas also. My lease says that the landlord will pay entirely the cost to repair wastewater stoppages caused by deterioration, breakage, roots malfunctioning equipment. But it also says that if the water damage is cause by the tenant’s neglect then the tenant pays the total cost to repair. I would find out if the toilet was malfunctioning or did the tenant’s daughter flush a doll down the toilet (most likely). If the tenant caused the backup, the tenant pays.
The resolution to the question depends on the answer to two questions:
- What does the lease specify as far as who is responsible for what different damages and the causes?
If you have a specific lease clause that says damages caused by backed up toilets (or some similar verbiage) are the tenant’s responsibility, then that is one for your side. If it does not specify this, then you will be in a grey area.
- What actually caused the damage. If it was a backed up toilet, then…
If the lease specifies the renter is at fault, then what I would do is make an enlarged photocopy of the part of the lease dealing with damage - highlighting the part that specifies the renter’s responsibility for damages caused by tenant neglect or misuse. Give that to the tenant at your next visit.
As far me, if it was caused by a backed up toilet - it was the tenant’s fault and they should be responsible.
Thank you very much for your feedback. Our lease agreement does not specifically call this out, so this is something we need to rectify the next time we rent. We do have a Tenant’s Rules and Responsibilities addendum that states that normal maintenance like plugged toilets, blocked garbage disposal and pest and rodent control is the responsibility of the tenant, but it doesn’t go as far as to say that damage caused by any of these is the financial responsibility of the tenant to rectify. I see that as a natural extension of taking care of the house, but realize that it’s better to spell it all out. geesh.
Again, thanks for the feedback. It was incredibly helpful.
Vicky
Vicky,
I would say that the tenant is responsible, especially if the plumber documented on his receipt that a backed up toilet was the cause. Are you using the TREC lease agreement?
Beachboy