Landlord Question and Answer Forum

Two weeks after our tenants moved into our rental house the sewer backed up. The lease states the tenant shall relieve stoppage of drains, and to repair all damage caused thereby, unless resulting from a condition existing at the commencement of tenancy. From all indications, the sewer appeared to be working properly. But, because this happened shortly after their move-in, we (the landlords) decided to cover the cost for the sewer line to be cleared and for new carpet to be installed. I felt we went above and beyond in dealing with this situation. The tenant does not believe he is responsible for moving his furniture out of the room in order for the carpet to be installed. He wants us (the landlords) to pay to have his furniture moved in/out of the room. Are we responsible for moving the furniture out of the room? How do I handle this with the tenant? Thank you.

Hi Lesa, Sewer lines are not the same as drain pipes, such as those under the sink or toilets. Sometimes tree roots penetrate sewer pipes and catch waste products and eventually cause a blockage. Another cause could be where the pipe from your house connects to the main pipe. You stated that the blockage was in the sewer line. If that's the case, I would have to agree with the Tenant, since he did not cause the problem. You may have felt you went above and beyond, but correcting the problem was your responsibility as well as making the tenant whole at no cost to him. Raw sewage is a very serious health hazard. Consider yourself lucky that no one became ill. As a side note, you could have been responsible for placing him in a hotel, etc. I would try to find out what the cause was and where the blockage was located. Check with the company that cleared the blockage. If blockage was in the main line, you may have a claim against the city/town.

Posted by Stan M, CA on Tuesday, February 23, 2010