Plumbing Issue: Tenant vs Landlord Responsibility (Boston: apartment, rentals, insurance)

[budullewraagh]

Hi everyone -
I'm a landlord facing a bit of a dispute over a plumbing issue and am in need of some advice. I'd appreciate any insight you could give. Here's the overview:

Tenant said in email that garbage disposal isn't working. I replied by asking if he'd checked the reset button or manually dislodge any contents using the Allen key. He said he had tried, but neither method worked. I asked if there was any humming sound coming from the disposal when he tried to turn it on. He didn't reply.

The next day, he texted me to say the dishwasher was leaking into the kitchen, and smelled awful. This was during the Labor Day weekend. I figured the problem was a clogged line between the dishwasher and garbage disposal, and found someone to conduct repairs. The tenant scheduled a time for the person to come; he snaked the line and everything was fixed. $149 for the repair, plus a $100 holiday fee. I was told that food had been clogging the line.

As a little context: I replaced the disposal 3 years ago. The tenant has lived in the apartment for 25 months and is extremely demanding (I've paid a substantial amount for maintenance during this time).

There is nothing in our rental contract that explicitly states who is responsible for snaking clogged drains, etc. There is a part that states: "Both the Landlord and the Tenant have responsibility for the repair and maintenance of the apartment… The Tenant is also required to keep all toilets, wash basins, sinks, showers, bathtubs, stoves, refrigerators, and dishwashers in a clean and sanitary condition. The tenant must exercise reasonable care to make sure these facilities are properly used and operated. In general, the Tenant will always be responsible for any defects resulting in abnormal conduct by the tenant… As long as the Tenant complies with all of these duties, the Landlord will make all required repairs at the Landlord's expense to make sure that the Apartment is livable and fit for human habitation."

On the one hand, drain clogs happen eventually and can be considered routine maintenance for a landlord to take as their responsibility. On the other hand, since the tenants have been around for so long, any clog happened because of their use. Moreover, I think proper use of a garbage disposal and dishwasher doesn't allow for clogs: if dishes are rinsed prior to going into the washer, chunks won't go down the drain. And if the disposal is run regularly, chunks of food won't float to the top where the disposal-dishwasher line connects.

What are your thoughts?

[yellowstatus]

This is normal use and typically the landord's responsibility. If for example, the tenant tried to dispose of metal construction scraps with the garbage disposal. This would be an abnormal use and likely the tenant's responsibility.

[sawyer2]

I'm a landlord and this repair/cost is on you - normal wear and tear at face value.

I also have removed disposals from my rentals as they are always causing problems - suggest you do the same and just direct plumb to the waste line.

[bostongymjunkie]

"Both the Landlord and the Tenant have responsibility for the repair and maintenance of the apartment…"


This is pretty ambiguous. I'm not an attorney but the landlord is responsible for all repairs of normal wear and tear, and must keep the unit in compliance with state sanitary code....per Massachusetts law. Clauses in leases that contradict Mass law are not enforceable. Of course, if a tenant willfully damages your property and you have proof you may seek compensation.

[mdovell]

Anything in a lease should be as specific as possible. Having rented for awhile now I don't mind doing minor things. I put ice cubes in the garbage disposal once and awhile and hair can clog I do the vinegar and baking soda for the shower maybe twice a year. But...calling a contractor? Heck no. I'm not sure how many units you rent but I rather see contractors get a bit vetted first before touching anything. Think about the liabilities if there's no CORI check. Three years for a disposal seems really small. In many respects they can toss things in the trash. Oils, fats and grease should be avoided as much as possible.

I've had many conversations over the years with my landlord. It isn't a bad thing if something is pointed out. One tenant that is a doctor saw a drip coming from the ceiling. He didn't mention it at all. So instead of doing something about it he just ignored it. It developed into a serious mold issue. Buildings require upkeep and landlords can't see everything all the time. Minor issues can have significant impacts if neglected. I know a restaurant that probably closed mostly because they never changed the lightbulb in the men's room.

I'd also point out depending on the number of units you really want to have as much changed over at the same time to make it predictable. Naturally if it is safety you replace it but here's an example. A new safer smoke detector comes out. It makes sense to replace them all within the same frame of time.

[BostonMike7]

Originally Posted by budullewraagh

if dishes are rinsed prior to going into the washer, chunks won't go down the drain. And if the disposal is run regularly, chunks of food won't float to the top where the disposal-dishwasher line connects.

What are your thoughts?

The dishwater should have it's own filter at the bottom ahead of the pump to catch the large chunks of food. If food is making it's way into the line, then the filter is either missing, or broken. This could be equipment failure, and not necessarily the tenants fault. If the food entered the line from the top, then the fact that the disposal was not functioning really wouldn't have helped the situation here.

Either way, I would not fault the tenant here. If anything I would let them know I wanted to stop by to check out the dishwasher and verify the filter is in place and also take a look at that disposal to see what's going on.


You state the tenant has been there almost 2 years, but has cost you a lot in maintenance. Are they a good tenant otherwise? Are these items that need to be fixed legit, or nuisance calls?

[mdovell]

The other thing in this is to be frank but is anyone paying insurance? I just saw a rather nasty facebook video about a tenant dispute where the unit was trashed. He later had a go fundme that helped but you have to have insurance just in case.

[sawyer2]

Originally Posted by mdovell

The other thing in this is to be frank but is anyone paying insurance? I just saw a rather nasty facebook video about a tenant dispute where the unit was trashed. He later had a go fundme that helped but you have to have insurance just in case.

Of course, pretty stupid not to IMO. It is inexpensive and fully deductible as an expense. However, the deductibles would typically exceed most cost of repairs (above security deposit) unless the place was completely trashed.

I would probably go down the small claims, collection agency, screw with your credit rating route first.

[budullewraagh]

Thanks, everyone, for your replies. Mdovell, that's a fair point about CORI. And I agree that it's good to know about problems before they become more serious. I was just trying to figure out whether it's really just bad luck that led to the line getting clogged. BostonMike7, thanks for the maintenance tips - useful to know looking forward so maintenance issues can be prevented.