SEWER BACKUPS AND TENANT RESPONSIBILITY
"My downstairs bathroom overflows when we use the 2nd floor toilet!"
"The basement is filled with sewage!"
Rarely does a month go by without a frantic sewage backup call-ALWAYS-coupled with a "not my fault" tenant denial of responsibility for the blockage or for the charge to clear it.
When performing a new tenant walk-through we have the tenant flush each toilet to illustrate that the sewage line is clear. We show the tenant the sewage line in the basement and the front or rear lawn cleanouts and explain sewer backups and the costly procedure to unclog the line.
"Today the line is clear. Putting things down the toilet such as rags, baby wipes, toys, plastic bags and feminine hygiene products or tampons will clog the sewer line, causing a blockage for which you are responsible. The minimum cost is $225 per blockage".
In our monthly newsletter we have a sewer backup article twice a year. In addition, I have a war chest full of the following tools:
1. The signed Repair/Replace item (Part IV) price sheet lists the $225 minimum price. The lease, Part I, has a clause devoted to sewer backups, and the tenant initials that page. Highlights of the Lease (Part 7) also has a sewer backup clause with the tenant's initials next to it. All these items are read to the tenant on the lease-signing day and they receive a copy of the lease.
2. Incoming Emergency Sewer Backup Phone Call - Tenant is reminded that sewer backups are the tenant's responsibility. Note that the burden is on the tenant. I don't have to prove the tenant's guilt. The backup itself is prima facie evidence of responsibility. If my handyman clears the blockage, he will take pictures of whatever was blocking the pipe, if possible.
3. Handyman - I attempt, if available, to clear the blockage first with an inexpensive local handyman. I own three sewer blockage tools:
- 7' steel plunger - made specifically for sewer backups. Buy at a plumbing supply company. This simple tool fits snugly (think of it as a regular bathroom plunger but made for sewer backups) into the 4" cleanout. As you push it down, air pressure builds and may unclog the pipe. It is surprisingly effective about 50% of the time
- 5/8" Rigid sewer drain cleaner - Bought from Home Depot for about $1200. Enters the slightly above ground cleanout, generally in the front or rear yard (not the toilet), hits the trap and is manipulated toward the house. If not successful, bring it back and go toward the street. The skill using this machine seems basic, but it is not. Many handymen and some plumbers can't use it effectively.
- Video camera for sewer drains - Used when you can't figure out what is in the way. I bought one from a one-man band manufacturer on EBay for $750. Flimsy but works okay.
In summary, when a call comes in I first send my handyman with our aforementioned tools. If he can't clear it, I send the expensive professional.
4. The Professional Sewer Backup Guys (haven't seen a female) - Technicians are usually plumbers, numerous and expensive; i.e., special discount to $325 per blockage. Aghast at their prices and seeing that many spent only 15-20 minutes clearing the problem, I honed the field to one who is quick to respond, fixes the problem and charges $200-$225.
5. Photos - A very important reason I use my own handyman is photos of the baby wipes, plastic bags, rags, tampons, etc. The professional won't take photographs or clean up the stuff on the lawn. Many times the stoppage will be forced up the cleanout onto the lawn. "Click-Click". Or the wipes, etc. may be hooked on the cutting blade of the drain cleaner. "Click-Click". Billing tenants for sewer backups is tenant training - Who's in charge? And we will collect. Photos are beautiful! Gotcha!! A Violation of the Lease form, copy of Highlights of the Lease with their initials next to the Sewer Backup paragraph and, hopefully, color photos. Where can they go?
6. Bill - Mail bill, Violation of the Lease, Highlights of the Lease with sewer backup clause with their initials highlighted in yellow and the photos with street address and date handwritten on them. This package is a powerful you-have-nowhere-to-hide statement. Pay or move.
The above procedure turns a once money-losing situation into a neutral situation. But I still have to fight for the money. What's that worth?