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Question: If a tenant keeps clogging the toilet...who's responsibility is it to get (and pay for) the toilet working again? or get it repaired ? Landlord or tenant ?
Answer: There are a number of possible answers to the question. Although I am not an attorney, I work in the repair profession as an electronics technician [not a plumber, nicknamed "turd wrestler"]. so, I will offer up some questions that may help you in your investigation of the circumstances come to your decision. I am just offering advice based upon my experience. I also understand how hard it is to be a homeowner and have someone who does not any legal interest in your house reside with you and rent from you (as they hit you with a responsibility of repairing something they may very well have caused. Since I am not fully aware of all of the circumstances, I can only ask a few questions and make a few presumptions and then advise you from there). Ok, here are my questions and then my If..then statements. Do your tenants have children or pets? If no, then go beyond 1a-1c and answer 1d. 1a. How many children are there and how old are they? 1b. Are the children receiving any supervision during the day from the tenant (or from other persons i.e... baby sitter... authorized by the tenant to be there)? 1c. Are multiple children or one child puting foreign objects down the toilet (i.e. plastic army men, other toys, and things that don't belong down there)? 1d. Are there any other persons there who are placing foregin objects down the drain other than human waste and toilet paper? 2. Does the toilet have any other problems with the flush mechanism (handle, ball, float valve) or with flushing it (is the water going down in the mode of flushing it and making a strong plurp and rumble sound of the water going down signifying a clear drain)? Does toilet have an over run problem (i.e.water continues to run after the flushing has already been completed)? In addition, do the water supply lines have adequate pressure and appear to be free of leaks? do you know of any oother adjustments needed on the toilet tank? Important note on 1.5 gpf toilets. Is the toilet 1.5 gallons per flush toilet? usually, these new government rated 1.5 gpf toilets involve two flushes to get wastes (specifically fecal matter) to go down. my master bathroom takes me one extra minute or two to make the second flush and check to make sure everything went down. My drain lines and toilet work fine, too, and I actually have a toilet less than 5 years old. When a went to the extreme end of the adjustments on the toilet tank for my Koehler toilet, than the waste went down after one flush, but I had to spend an extra 1/2 hour one day playing with the adjustments to get the toilet to work. After that, no additional trouble. If you have a septic system (not a sweage line), you may have a full septic tank and the overflow could be backflowing into your line. You'll have tocall out the professional "honey truck" to come out and clean the septic system, if you have one and use a product called "rid" once a month thereafter. RID can be found in the grocery or hardware store under plubing supplies. Also, I would advise that your tenant buy toilet paper suitable for septic systems so that the bacteria in the systems will be able to break it down through being biodegradable to that environment. Not all paper is suitable for septic systems as some paper uses too much wood pulp and willnot easily or quickly break down. This can clog a septic system. Even in stating this,on septic systems, a professional "honey truck"needs to come out every six months. Finally, by process of elimination, if all of the previous questions are a "no" answer and are not the cause of the problem, then I would check the sewer line on the easement of the property and/or the sewer clean outs. You might possibly have a common sewerline to other neighbors in your neighborhood (especially is houses built before 1980 in most states). These sewer lines and pipes (really old lines are made of clay lining) can either deteriorate, break, or they can have a blockage by tree roots or by foreign objects that managed to pass through the drain and not through the line. Common problems witholder pipes are that one neighbor can put a whole loadofstuff down their kitchen drain and cause your or their sewer pipes to backup iif the shared sewagelines between you and your neighbors are notcleaned out or if you have found that you have a common line not on a double Y connection (combining 2 seperate lines) and feeding into the same line to goto the main drain. The remedy would be to investigate where the problem is.If the plumber has been out more than 3 times for a problem not related with foreign objects in the toilet then you may have a more serious problem with your septic or sewer lines outside of your drains in your home. The problem might possibly somewhere underground beyond the foundations of the house. The problem might be in the area of the easement or a tree root obstructing it. You could get a copy of the plans for your sewage line or septic system from the county as the howeowner. The plans will show you where exactly the sewer line travels and where on your property (or your neighbor's property) it is located. it will also tell you if the sewage line is a common line with other neighbors and/or you have your own line. It will also establish where the easement is. If the sewage line needs repairs within a few feet of your property or on the easement, the county is responsible for it. If the problem is deep on your property and it is a clogged sewer line due to tree root or line break down, it is the homeowner's responsibility. If the problem was generated by the tenant and by them dropping foreign objects in the toilet, it is their responsibility. every time , you have to get the plumber to correct a foreign object stuck in the drain, you need to make certain that the plumber write down the specific item fished out of the drain or toilet on those foreign object issues or if you have a tenant who uses the toilet several times without flushing it and deliberately allows the drain to become clogged. After all, you have to document that it is definitely the tenant(s) who are inducing a problem. If you ask, the technician out in the field, will usually document the specific problems he/she finds. This information should give you some things to think about. If you have older system in your home, you need to think about upgrading to keep the system up to code and according to the health and safety code of the county you live. your county also has a duty to keep any of their easements (even on your property maintained). If you need further information, contact your county building inspection offices in the early morning hours for details.
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