Renters negligence caused damage from flooding--are they financially responsible?

Question

The sewer line in the house was backed up because one of the tenents was flushing tampons down the toilet. The water backed up into the downstairs apartment and caused significant damage. This is the second time the sewer line has backed up in just over a year-- for the same reason, with the same tenent. They were warned the first time, though not in writing-- just verbally. Should I hold them financially responsible?

Answer 1

If they clogged the sewer, they are responsible. In my contracts, I indicate that they have to notify me within 72 hours of damage, that I will cause the repairs to be made and they are responsible for paying for the damages with the next month's rent.

If I hire the repairs done, I charge and additional 10% to cover my efforts in managing the repairs, if I do the repairs, I usually get quotes then charge them for the most expensive quote.

You don't have to give them written notice on anything, if they caused damages. You simply invoice them and demand payment.

If you want them to remain in the property, you can come to an agreement that they should pay some every month if the repair of the damages runs more than they can cover in one month.

However, if they have done this twice, I'd consider that they are likely to continue damaging the property in other ways, and it is best to give them notice to vacate the premises, lick your wounds and move on.

I had a property where they flushed a pair of men’s underwear down the toilet. It managed to get to the main sewer tap before it clogged up the line. Because there was a basement, the sewage backed up in it and there was about 2 inches of waste on the floor. AND, they continued using the toilet.

I swear, some people need training on how to live indoors.
LOL

Good Luck

Answer 2

In hindsight it would have been helpful to issue the first warning in writing. However, you can certainly assess the costs against them as long as you are prepared for a legal fight.

In your situation, I'd ask the plumber to be a witness or provide an affidavit that states the cause of the backup was tampons. How you'll be able to prove WHOSE tampons they were is beyond my experience. Evidence like a copy of the bill from the first incident would also be helpful in court, if it comes to that.

Answer 3

Hi,

Since you did not mention where you are from, I am assuming US.

Yes, you are certainly eligible to hold them responsible. You can use their renters insurance. Make sure that you have some bills from the previous repairs atleast. That way you will be able to produce some evidence. You may also want to check regulations in your state in this regard.

Hope that helps.

Answer 4

If you warned them, then yes, they are responsible. But good luck proving that in a court of law. Send a resister letter next time.

Answer 5

I would give them a written warning! That would cover you when you go to evict them..then you can get judgement against them.

Answer 6

I agree w/ Kansan.

Answer 7

ye