Damages (by Dawn [IN]) Oct 13, 2021 3:14 PM|
Damages (by Mike45 [NV]) Oct 13, 2021 3:20 PM
Damages (by Landlord ofthe Flies [TX]) Oct 13, 2021 3:34 PM
Damages (by WMH [NC]) Oct 13, 2021 4:09 PM
Damages (by Richard [MI]) Oct 13, 2021 6:25 PM
Damages (by Vee [OH]) Oct 13, 2021 6:36 PM
Damages (by Dawn [IN]) Oct 13, 2021 6:46 PM
Damages (by Vee [OH]) Oct 13, 2021 6:50 PM
Damages (by Steve [MA]) Oct 13, 2021 7:07 PM
Damages (by Mike45 [NV]) Oct 13, 2021 7:25 PM
Damages (by Robert J [CA]) Oct 13, 2021 11:31 PM
Damages (by JB [OR]) Oct 14, 2021 12:32 PM
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Damages (by Dawn [IN]) Posted on: Oct 13, 2021 3:14 PM
Need some advise. Tenant (still in home) caused $4k in damage by causing a sewer backup in basement, by flushing flushable wipes down the toilet. A plumber told them after 2 months to stop doing it, then it caused a backup 12 months later. (Did they stop using them, I don’t know). The tenant offered to ‘help’ by providing a discount firm to do cleanup, which my PM accepted without asking me. Once the bill came through, the tenant said you can have the discount for 1/2 off my rent, or you can pay the full amount. I said no to the blackmail. Now I have paid all the bills and want the tenant to repay me for the damages. Insurance may reimburse some, but I will still have a $2,500 deductible. Lawyer says he has not breached the lease yet(?). Sent letter to tenant advising of damages now due to me, he (of course) says they aren’t his responsibility. Any advise how to proceed? (No lectures, only helpful comments requested). --107.77.xxx.xxx
Damages (by Mike45 [NV]) Posted on: Oct 13, 2021 3:20 PM
Sue the Tenant in Small Claims Court. You will need a statement from the plumber that (1) he was called to deal with a clog and he informed the T that the problem was caused by his flushing supposedly "flushable" wipes, (2) the plumber informed the T not to use "flushable wipes" because they are not flushable and cause clogs; (3) the T continued to use "flushable wipes" and clogged the toilet again, causing massive damage.
Damages (by Landlord ofthe Flies [TX]) Posted on: Oct 13, 2021 3:34 PM
Sue and fire the property manager too. Also curious if there's a pre-established relationship between the cleanup firm and tenant? --108.69.xxx.xxx
Damages (by WMH [NC]) Posted on: Oct 13, 2021 4:09 PM
For future reference, in my lease is this clause:
PLUMBING: Housing Provider warrants that the dwelling’s sewage drains are in good working order, BUT the drains and septic system will NOT accept items such as sanitary napkins, tampons, toys, wads of toilet paper, paper towels used as toilet paper, paper diapers, balls of hair, grease, oil, garbage or table scraps, clothing, rags, sand, dirt, rocks, dead pets or newspapers. DO NOT flush toilet cleaning equipment even if it indicates it can be flushed after use. DO NOT flush so-called ‘Flushable Wet Wipes’. DO NOT FLUSH KITTY LITTER! Renter will be financially responsible for any stoppages unless caused by a mechanical failure of the plumbing system. --50.82.xxx.xxx
Damages (by Richard [MI]) Posted on: Oct 13, 2021 6:25 PM
As long as you're at the plumbing repairs, put in a one way valve in the line to prevent sewage from coming back into your place. It's cheap compared to the damages.
If you have any other places, check them for the same and add these if they don't have them. --24.180.xx.xx
Damages (by Vee [OH]) Posted on: Oct 13, 2021 6:36 PM
Have the property manager pay the repair bill and recover from tenant or -baby wipe- company, they have not been flushable for over 10 years, get the coffee brewing and start looking for a new manager while you read the package to get the address to send the bills. --76.188.xxx.xxx
Damages (by Dawn [IN]) Posted on: Oct 13, 2021 6:46 PM
My plan was small claims court, but unsure of the timing. Do I wait until T moves out? Start the process now? We are selling the house and T said he would move out early (Nov 30 vs April 2022). I have concerns that starting a lawsuit prior to moving will cause a refusal to move. --184.16.xxx.xx
Damages (by Vee [OH]) Posted on: Oct 13, 2021 6:50 PM
You can wait as long as your lottery winnings hold up, if you do not have lottery winnings get started about $3990 ago. --76.188.xxx.xxx
Damages (by Steve [MA]) Posted on: Oct 13, 2021 7:07 PM
Does your rental agreement have a clause addressing how monies received are applied? --71.184.xxx.xxx
Damages (by Mike45 [NV]) Posted on: Oct 13, 2021 7:25 PM
Are you already in escrow with a "Property Vacant" provision in the escrow agreement? If not, you don't have to get the T out early.
Is it worth $4,000 for the possibility that the T will move out early at your request? It isn't worth it to me!
And as Steve is hinting at, if you win in court, then you will probably be able to evict the T for non-payment of rent, if the T does not pay the damages plus the rent. You apply the Nov rent towards the damages and not to the rent, and then serve a Pay or Quit for November rent.
Damages (by Robert J [CA]) Posted on: Oct 13, 2021 11:31 PM
As a licensed plumbing contractor and landlord it does not matter tell your tenant because their kids, friends and visiting relative will flush wipes, tampons and paper towels down the toilet. So I made up signs in many languages with pictures saying NO WIPES, NO TAPONS and NO PAPAER TOWES. ONLY TOILET PAPER! Place the signs above the toilet tank and at eye lever on the wall the person see's when sitting on the toilet. A clog can cost $200-$500 to fix. But a back up can cost up to $20,000.
I will send a collections notice to the tenant and demand mothing payments of at least $50 per month towards the repairs caused by the tenants negligence. --47.155.xx.xxx
Damages (by JB [OR]) Posted on: Oct 14, 2021 12:32 PM
I would also sue the "flushable wipes" manufacturer for willful and injurious misstatement of fact. --73.25.xx.xxx
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