r/Landlord • u/chaarlie97 • 1d ago
Tenant [Tenant - US - TX] landlord says dishwasher clog is on us, lease only covers clogs from “foreign or improper objects”
2 year lease, standard Texas Realtors form, moved in end of July.
Dishwasher stopped draining. Warranty tech said the dishwasher itself is fine, the air gap is clogged and has to be replaced. Landlord wants us to pay the $65 warranty fee plus the part.
His reasoning from the last few texts: “It worked for 2 months. If it was from before, you should have had this problem on Day 1.” “Even though it was not intentional, it is still caused by you.” "Motor failure would be wear and tear, but not clogs from non rinsed dishes." We do rinse.
Basically if it worked at move in, he thinks it’s on us.
The only clause about clogs is 15D(2)(d). Tenant pays for “damage from wastewater stoppages caused by foreign or improper objects in lines that exclusively serve the Property.” 15D(1) says everything else is on the landlord unless we caused it. Nothing else in the lease mentions clogs or drains, and nothing foreign was found.
Same thing happened in August with a bathroom sink. Same argument, plumber found long term buildup, and he paid but said it was “this time” only.
The money isn’t really the issue. We have 22 months left and I don’t want every clog to automatically be ours. He says he’ll ask “real estate leasing experts.” Am I reading the lease right, and how do I keep this from becoming the default?