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Old 01-24-2010, 07:01 PM
 
82 posts, read 394,589 times
Reputation: 53

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I have a question for the LL's out there.

I'm currently renting my house out. The tenants were there for about one month and said they had to call a plumber and have the pipes snaked out. Apparently a bathroom toilet was stopped up (this is an energy efficient toilet). This toilet is in a bathroom being used by two young boys...I said we've lived there for years and never had a problem. On the one hand the tenant said she was sure that her boys had not abused the toilet and then a moment later she said she didn't know what happened because she was sleeping.

The bill came to about $600. Who pays for something like this? Obviously we weren't in the house when this ocurred but the tenant said the plumbers said that this could have been a long standing issue. Though we've never had a problem in the past. Oh, and the tenant is related to the plumber, so I'm not sure I would get an honest answer if I called the plumber and inquired.

Thanks for any advice.
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Old 01-24-2010, 07:08 PM
 
Location: Kailua Kona, HI
3,199 posts, read 13,401,534 times
Reputation: 3421
$600 to snake out a toilet is outrageous. I paid less than that to get one snaked plus have the septic tank pumped.

You should have it in your Lease or handbook that clogged plumbing is the responsibility of tenants. Obviously if it's roots or some other situation that they had no control over, it would not. Kind of like pest control. If an army of termites comes in the LL pays. If they have roaches and spiders because they never clean or fleas from their pets, it's their problem.

Another thing is, you should make it crystal clear that YOU order repairs, not the tenant. You must control repairs and call whom you want, regardless of who pays.
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Old 01-24-2010, 07:10 PM
 
Location: SouthCentral Texas
3,854 posts, read 4,837,469 times
Reputation: 960
First of all, what did you tell the tenant to do...call you or call a plumber?

Most landlords that have a "call the plumber policy" have a plumber to call and use.

I know from working apartmenst when i was younger, if you see that problems are caused by abuse, a write up and explanation of infraction was given, if the problem happen again, we charged for repairs.
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Old 01-24-2010, 07:16 PM
 
82 posts, read 394,589 times
Reputation: 53
This is our personal residence and we were out of the country at the time. I think we were informed of the problem after the fact via email and then presented with the bill after we returned. The tenant paid the bill and then asked for reimbursement. We never had anything written up regarding issues like this...it just never ocurred to me. Plus, since the tenant is still living in my home amongst all of my personal belongings I really don't want to fight with them or disagree at this point. I think it's safest to handle this after they are out of the house. But I really do want to know who should be responsible for this bill.
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Old 01-24-2010, 07:59 PM
 
Location: Beautiful Rhode Island
9,298 posts, read 14,913,687 times
Reputation: 10384
Quote: "We never had anything written up regarding issues like this...it just never ocurred to me."

Unfortunately, you've already learned a lesson. Since you had no agreement, they "remedied" the problem themselves- if there even was one- and now you're stuck with a huge bill. It's pretty obvious that they're taking you for a ride.

If I were you, I'd get them out of there as fast as possible- on any pretense- and certainly would not trust them any longer with all your belongings in the house.

I HOPE you took a big deposit from them and have photos of all the rooms, the condition of the house, and an inventory. Don't worry about the plumbing bill at this point, you may have much bigger problems looming.

Sorry to be so doom and gloom, but anybody who would think up a scam like they did could be mighty dodgy.

Let us know how this one turns out and best of luck to you....
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Old 01-24-2010, 08:03 PM
 
Location: Kailua Kona, HI
3,199 posts, read 13,401,534 times
Reputation: 3421
You left the country with people in your home with no written agreement or nearby person for management/caretaking! Yikes. I wish you luck!! I agree w/ Hollytree; get them out asap and next time have a well defined written lease, policies etc in place. AND a big deposit.
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Old 01-24-2010, 08:15 PM
 
82 posts, read 394,589 times
Reputation: 53
We do have a standard lease in place for the duration of their stay (6 months) but our lease doesn't have specific language regarding this type of maintenance.

Obviously I would love to get them out of there asap, however, with a lease in place I don't have any grounds for kicking these people out. Even if I did get an attorney to start some sort of proceedings it would take who knows how long and in the meantime I believe they could sabotage my personal belongings.

I agree, I think this was a scam and that there are potentially bigger issues at hand. I did get a deposit and hope to take the plumbing bill out of their deposit however I want that to be legal.

Would other LL's use the renter's security deposit for this bill?
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Old 01-24-2010, 08:20 PM
 
Location: Bradenton, Florida
27,232 posts, read 46,673,094 times
Reputation: 11084
It should have been spelled out in the lease agreement. Usually, the landlord will deal with any repairs necessary. If the tenant wants to do it at their own expense (not deduct it from rent), I see nothing wrong with it.

I find $600 to snake out the toilet ridiculous also.
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Old 01-24-2010, 08:45 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,724,101 times
Reputation: 26728
Your "standard" lease was obviously deficient and should have included a maintenance clause.

I think you're pretty much stuck in this instance but what you CAN do is send the tenants a pleasant return receipt letter asking them to please advise you of any future problems of any kind so that you can personally address them and take care of them. Make it patently clear that if a problem is manifested you are to be immediately contacted to resolve the issue.

You should also learn about the landlord/tenant laws applicable to your state. Even though your lease is deficient there may well be state laws in effect which can protect you.

Only a six month lease and I would, since you fear retaliation viz a viz your personal property, return to them their security deposit upon exit less any obvious damage to the unit which you have to document but which doesn't include the backed up lavvy. Get them out and then sue them in civil court for damages. No question that $600 for a snake job is totally ludicrous!! My advice might be different if they weren't surrounded by your personal things ...

Do you have an attorney? Maybe you need one who's experienced in rentals and real estate law in order not to find yourself again in such a fix. Good luck! Cheers!
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Old 01-24-2010, 10:55 PM
 
Location: somewhere where i dont know where i am
73 posts, read 595,147 times
Reputation: 63
i am a plumber, and to auger a toilet is $125, and that's on the high end...even if they had to lift and reset the toilet to remove the obstruction, the bill should still be under $300. maybe they had to do some additional work? i would take a close look at the bill.
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