Clogged sink : ezLandlordForms

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Jonathan L

started a topic over 12 years ago

My tenant called me saying the kitchen sink was backing up into the bathroom sink. I called the plumber and he had to install a new cleanout in the kitchen line, snake all the pipes in that line and replaced one of the traps. It came to 420 dollars. Now i had previously seen the tenant washing painting supplies in that sink and asked him to use the basement sink. I dont know if he did or not. The plumber determined that paint caused the clog and he wrote it on the receipt. Am i able to make the tenant pay for the plumber due to negligence (ie washing paint down a kitchen drain).

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Irene S

said over 12 years ago

Hello Jonathan! Who is responsible for maintenance and repairs in your lease?

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Jonathan L

said over 12 years ago

The lease says "Landlord shal be responsible for maintenance and repairs in or about the leased premises unless caused by the negligence of the Tenant. Tenant will be responsible for any repairs caused by his or her negligence" I believe that putting paint down the kitchen sink would be considered negligent behavior. Plus the plumber said the clog was due to the paint. What do you think? Thanks

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Bob R

said over 12 years ago

Altho I agree that tenant may be responsble, "negligence" may be difficult to prove. Send them a bill and see what happens. As for the plumber, get a 2nd opinion. Consider the following language in your contract - "Tenant(s) shall, at his/her/their own expense, and at all times maintain the premises in a clean and sanitary manner, including all equipment, appliances, furniture, all plumbing repairs including faucets, leaks, stopped up pipes, frozen pipes, water damage, and bathroom caulking, and furnishings therein and shall surrender the same, at termination hereof, in as good condition as received, normal wear and tear excepted. If faulty drain lines are the cause of sewer back-up and are not attributable to Tenant(s) misuse, Tenant(s) are to submit the paid bill that states the cause to Landlord/Agent for reimbursement. No deduction from rent is allowed."-----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

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Curtis B

said over 12 years ago

Nice language Bob, thanks

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Jonathan L

said over 12 years ago

This is what my lease says under maintenance and repairs. Landlord shal be responsible for maintenance and repairs in or about the leased premises unless caused by the negligence of the Tenant. Tenant will be responsible for any repairs caused by his or her negligence. A. It is the responsibility of the Tenant to promptly notify the Landlord of the need for any such repair of which the Tenant becomes aware. B. If any required repair is caused by the negligence of the Tenant and/or tenant's guests, the Tenant will be fully responsible for the cost of the repair and/or replacement that may be needed. C. The Tenant must keep the Leased Premises clean and sanitary at all times and remove all rubbish, garbage and other waste, in a clean, tidy and sanitary manner. D. Tenant must abide by all local recycling regulations. E. The Tenant shall properly use and operate all electrical, cooking and plumbing fixtures and keep them clean and sanitary. F. Tenant is not permitted to to paint, make any alterations, improvements or additions to the leased Premises without first obtaining the written permission of the Landlord. The Landlord's permission to a particular painting, alteration, improvement, or addition shall not be deemed as consent to future painting, alterations, improvements, or additions. Letter E. from above also leads me to believe that i can hold them responsible due to the fact that they did not properly use the plumbing and keep it clean. And Bob, i will definitely use that wording next time. Thanks!

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Bob R

said over 12 years ago

Isn’t it sad that even with all that beautiful language, tenant still thinks they can say anything their little heart desire? You’re in court and tenant tells the Judge “But Judge, I told LL months/yrs ago about problem and LL still hasn’t fixed the problem.” …..I believe you’re missing one very important statement – “Tenant(s) shall notify Landlord immediately, by phone and Certified Mail-Return Receipt, of all defective conditions on the premises. Letter to include, but not limited to, the following: (1) date and time problem and/or damage occurred, (2) nature of problem and/or damage.” -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.

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Jerry W

said about 6 years ago

I advise you to buy sink disposal from 4.5 horsepower. Then all issues of expensiveness and other small expenses will disappear by themselves. I saw a few suitable models on the list from http://bestsinkdisposal.com/ the best models of 2018. Try to find something