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  1. #1
    Join Date
    Apr 2017
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    2

    Default Who Pays for Repair of a Septic System in a Rental Home

    My question involves landlord-tenant law in the State of: Georgia We move in January 31, 2016 and within two weeks our kids bathroom and the guest bathroom started backing up. We notified the management company and they had someone come and clean the septic tank I believe?? We had no more issues until last week on 04/04/2017 the kitchen sink backed up and flooded the laundry room as well as that of the laundry room there was raw feces. I notified the management company and they had a plumber who did nothing that night. So, we cleaned up the mess and the gentleman from the management company did offer to help but we declined. So on 04/05/2017 a plumber came out early that morning and snaked the drain problem cleared so we thought?? They sent out someone to check the septic tank.The first time we find out about a septic tank is when we have the first incident. This guy digs up the yard and he ask if he can check and see if any toilets were running?? I agreed he checked the toilets and it was the one in the master bedroom. The gentlemen from the management company came back out on 04/11/2017 and changed something in the toilet. He has a heart to heart talk with us to let us know the plumber said the grease in the septic tank was the reason, although he told me that the toilet leak was the problem because water is constantly running, filling up the tank. Anyway the owner wants us to pay $2200.00 for the septic tank being repaired. Our options are, with this being the last resort, eviction. Not that our rent is late, or sign another year's lease. This one we have now is for two years. So what do we do?? Is that our responsibility or the homeowners'?? It is not stated in the lease but he gave us an amended lease with that stipulated as of now. We do not want to stay another year here this is a headache!!!

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Who Pays for the septic repair???

    Attached is a good article that includes septic system "Do's and don't's". Included is the issue of leaky toilets that fill the system and cause an overflow. People can generally hear when a toilet is running.

    http://alseptic.com/septic-system-dos-donts/

    Gail

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Who Pays for Repair of a Septic System in a Rental Home

    When you say "It is not stated in the lease" you mean that there is nothing in the lease about repairs? What is being proposed in the new lease? Are you a month-to-month tenant?
    Quote Quoting wick101
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    The gentlemen from the management company came back out on 04/11/2017 and changed something in the toilet. He has a heart to heart talk with us to let us know the plumber said the grease in the septic tank was the reason, although he told me that the toilet leak was the problem because water is constantly running, filling up the tank.
    If the problem was caused by a leaky toilet phlange, that is a routine maintenance issue and would normally be the landlord's issue to fix. If the problem was caused by grease in the septic tank, that might be something attributable to you as a tenant for (allegedly) putting grease down the drain. We would need more facts to comment.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Who Pays for Repair of a Septic System in a Rental Home

    Quote Quoting Mr. Knowitall
    View Post
    If the problem was caused by a leaky toilet phlange (sic), that is a routine maintenance issue and would normally be the landlord's issue to fix.
    That would be true if the tenant actually reported the problem when it occurred.

    I had rentals for 20 years and had numerous tenants that never reported leaks during the tenancy. When I found the damage on move-out, you can bet your bippy that I charged them for the repairs.

  5. #5
    Join Date
    Sep 2005
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    Default Re: Who Pays for Repair of a Septic System in a Rental Home

    Quote Quoting adjusterjack
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    That would be true if the tenant actually reported the problem when it occurred.
    Many leaking toilets aren't obvious -- until you get your water bill. A leaking phlange won't cause an overflow or damage within the premises unless the drain is plugged.

  6. #6
    Join Date
    Apr 2017
    Posts
    2

    Default Re: Who Pays for Repair of a Septic System in a Rental Home

    No, this is not a month-to month but a two year lease.Plus we don't put any grease down the drains. In the lease, it specifically says "Tenant shall be responsible for any clogged plumbing within the Premises. Landlord shall be responsible for all other plumbing issues between the Premises and the street or the Premises and the septic tank or in any plumbing line outside of the Premises which exclusively serves the Premises."

    Thanks for the information. I didn't think about the health dept. and their records

  7. #7
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Who Pays for Repair of a Septic System in a Rental Home

    Quote Quoting wick101
    View Post
    My question involves landlord-tenant law in the State of: Georgia We move in January 31, 2016 and within two weeks our kids bathroom and the guest bathroom started backing up. We notified the management company and they had someone come and clean the septic tank I believe?? We had no more issues until last week on 04/04/2017 the kitchen sink backed up and flooded the laundry room as well as that of the laundry room there was raw feces. I notified the management company and they had a plumber who did nothing that night. So, we cleaned up the mess and the gentleman from the management company did offer to help but we declined. So on 04/05/2017 a plumber came out early that morning and snaked the drain problem cleared so we thought?? They sent out someone to check the septic tank.The first time we find out about a septic tank is when we have the first incident. This guy digs up the yard and he ask if he can check and see if any toilets were running?? I agreed he checked the toilets and it was the one in the master bedroom. The gentlemen from the management company came back out on 04/11/2017 and changed something in the toilet. He has a heart to heart talk with us to let us know the plumber said the grease in the septic tank was the reason, although he told me that the toilet leak was the problem because water is constantly running, filling up the tank. Anyway the owner wants us to pay $2200.00 for the septic tank being repaired. Our options are, with this being the last resort, eviction. Not that our rent is late, or sign another year's lease. This one we have now is for two years. So what do we do?? Is that our responsibility or the homeowners'?? It is not stated in the lease but he gave us an amended lease with that stipulated as of now. We do not want to stay another year here this is a headache!!!
    While there are many things you should not flush when serviced by an on site septic system (grease being one of them), grease will not cause a properly operating system to overflow. You are no more responsible to repair the septic system then you would be to replace the heating boiler. That is the landlord's responsibility.

    When sewerage enters the septic tank, an equal amount of effluent (less the solids) leaves the tank and flows to the disposal field. If the tank is overfilling, then the disposal field is not working. A leaking toilet just means that there is a constant flow into the field (probably miniscule).

    Read this and educate about how the system works.

    You can of course contact the local health department for the records on the landlords maintenance of the system as many jurisdictions require a pumping and/or repair permit to be issued.

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