 Interiorbroken pipes (by Teri Dismont [KS]) Jan 21, 2023 5:21 PM
 Interiorbroken pipes (by Barb [MO]) Jan 21, 2023 5:32 PM
Interiorbroken pipes (by RB [TN]) Jan 21, 2023 5:47 PM
Interiorbroken pipes (by Robert,OntarioCanada [ON]) Jan 21, 2023 6:06 PM
Interiorbroken pipes (by Robert J [CA]) Jan 21, 2023 6:47 PM
Interiorbroken pipes (by Still Learning [NH]) Jan 21, 2023 7:15 PM
Interiorbroken pipes (by Small potatoes [NY]) Jan 21, 2023 8:21 PM
Interiorbroken pipes (by myob [GA]) Jan 21, 2023 8:29 PM
Interiorbroken pipes (by Richard [MI]) Jan 21, 2023 8:32 PM
Interiorbroken pipes (by Ken [NY]) Jan 21, 2023 10:49 PM
Interiorbroken pipes (by Richard [MI]) Jan 22, 2023 3:24 AM
Interiorbroken pipes (by Richard [MI]) Jan 22, 2023 3:31 AM
Interiorbroken pipes (by plenty [MO]) Jan 22, 2023 7:37 AM
Interiorbroken pipes (by DJ [VA]) Jan 22, 2023 8:02 AM
Interiorbroken pipes (by tryan [MA]) Jan 22, 2023 9:52 AM
Interiorbroken pipes (by Doogie [KS]) Jan 22, 2023 9:58 AM
Interiorbroken pipes (by Scott [IN]) Jan 22, 2023 11:19 AM
Interiorbroken pipes (by myob [GA]) Jan 22, 2023 2:06 PM
Interiorbroken pipes (by plenty [MO]) Jan 22, 2023 2:32 PM
Interiorbroken pipes (by 6x6 [TN]) Jan 22, 2023 2:33 PM
Interiorbroken pipes (by Ray-N-Pa [PA]) Jan 22, 2023 7:58 PM
Interiorbroken pipes (by Duplex owner [KS]) Jan 23, 2023 3:31 PM
Interiorbroken pipes (by Teri Dismont [KS]) Posted on: Jan 21, 2023 5:21 PM
Message:
The water company turned off the water to one side of a duplex we own. Turns out the tenant never paid for heat or hot water (gas) as the meter is pad locked shut. All breakage has been documented by pictures. Tenants are hidig out while the repair work is being done. Our question is this, if the tenant fails to keep our property warm and the pipes break, can we kick them out for neglect? They never had a lease. They do ot pay enogh to absorb this huge repair bill and we just want to evict them or kick them out!
We are out of CO and do not know our rights or if property insurance will even cover this nightmare. The floors are cut everywhere there is a broke pipe. The property was in great shape when we bought it.
--76.130.xxx.x |
Interiorbroken pipes (by Barb [MO]) Posted on: Jan 21, 2023 5:32 PM
Message:
Start with your lease. Does it state that lessee is responsible for all utilities?
In many places, if utilities are not on, the hime is not habitable.
You need a local attorney who knows your local laws. The judges in my area would consider not turning on the gas and not having heat to be be neglect, and a reason to charge the tenant the full costs of repairing the water lines and rehabbing the home back to the condition it was when the tenants received the keys. Not having heat is a foreseeable reason to have major issues.
Your goal here is going to be to fix fully, then go after the tenant for damages.
Oh, and don’t use your full name here. You don’t want to be searchable. Just a first name or a nickname. --149.76.xxx.xx |
Interiorbroken pipes (by RB [TN]) Posted on: Jan 21, 2023 5:47 PM
Message:
Attn: Newbies
this is a teachable post. --24.183.xxx.xxx |
Interiorbroken pipes (by Robert,OntarioCanada [ON]) Posted on: Jan 21, 2023 6:06 PM
Message:
Fist of all a building without a working heating system violates the building codes where using space heaters for heating is illegal in most jurisdictions. Tell the tenant before they move back in the heating system must be working as it there responsibility to have a working heating by paying up all arrears on utility bills. Before renting out a house or rental unit thorough credit checks on all adult applicants is essential as those with unpaid utilities usually default in rent. Tenants want to be spoon fed where in the adult world that does not happen. It is possible to text then explain they must have the utilities back on or move as they have made the house not habitable. Best option for pipes is to install Uponor Pex which is more resistant to freezing temperatures. Copper pipe expands then contracts when freezing then there is leak. Unlikely that the tenant will have money for repairs where that has to be a higher monthly rent where over time it is paid up. More then likely this is going to wind up in eviction. --68.69.xxx.xxx |
Interiorbroken pipes (by Robert J [CA]) Posted on: Jan 21, 2023 6:47 PM
Message:
Every rental has unique situations that require extra clauses in the lease. Such as a tenant may have to maintain an internet connection with a router so the Ring Doorbell Camera's work.
I have rentals that come with alarm systems that I pay for each month, to the tune of $49.99/month. I require that my tenants use it. So two days ago a tenant was broken into and $20,000 of stuff was taken. The tenant wanted me to pay for that and had their father, an attorney threaten me. I ask him if he read his son's lease. "He must maintain renters insurance and use the alarm system when no one is home". --47.149.xxx.x |
Interiorbroken pipes (by Still Learning [NH]) Posted on: Jan 21, 2023 7:15 PM
Message:
They never had a lease… call a lawyer. Beyond that check with your utility companies about setting it up so that if your tenant’s shut off service it will automatically switch into your name. I would rather absorb the bill and evict for not following the lease vs damage to the unit and having to evict. Create a lease, screen your tenants, and run this like a business or you will be in the same situation again with the next tenants. --73.218.xx.xxx |
Interiorbroken pipes (by Small potatoes [NY]) Posted on: Jan 21, 2023 8:21 PM
Message:
So no lease reverts by default to month to month tenancy .what are the laws for your state? At the very least you should be able to serve notice to end tenancy. How much notice in my state depends on how long they have been there and is up to 90 days.
What has not directly been mentioned is that the space is not habitable and in my lease I’d argue that ends tenancy. Like if there was a fire. Even if you fix things they can’t get utilities hooked up, so it is not habitable. The smart thing to do here perhaps is credit them for the days it cannot be occupied and part ways. I would disagree that you want to have utilities auto switch to you. Especially if the damage is done. Keep the pipes drained, or winterize them after you confirm the plumbers work --181.214.xxx.xx |
Interiorbroken pipes (by myob [GA]) Posted on: Jan 21, 2023 8:29 PM
Message:
why would you even fix the pipes for folks who don't keep the heat on? So when they are fixed-- they turn the heat off AGAIN and you have to fix it AGAIN.
They need to be told they have to move because the work is so extensive.
ONLY you have created this disaster-- don't blame the tenant for what you allowed. --98.97.xxx.xxx |
Interiorbroken pipes (by Richard [MI]) Posted on: Jan 21, 2023 8:32 PM
Message:
What happened to the regular inspections where this would have been noticed?
It's also easy to have the utility companies notify you if the payment is late or the utility is shut off.
If not already done, you should put every rental on a notification program and do regular inspections. --172.58.xxx.x |
Interiorbroken pipes (by Ken [NY]) Posted on: Jan 21, 2023 10:49 PM
Message:
No lease saying otherwise i think they had every right to turn off the heat and you may win a small claims case and you may very well not win.Richard,in my area there is no way the power company would notify a landlord if the tenants payment is late or turned off.Would you get notification in your area? --74.77.xx.xx |
Interiorbroken pipes (by Richard [MI]) Posted on: Jan 22, 2023 3:24 AM
Message:
Ken,
Yes, in my area the electric company (consumers energy)has a
"landlord portal" where every property is listed,name the power is turned on under and how much the bill is with a year lookback for averages.
The water company sends a copy of the bill to me as well and any shutoff notices.
--172.58.xxx.xxx |
Interiorbroken pipes (by Richard [MI]) Posted on: Jan 22, 2023 3:31 AM
Message:
Ken,
Here the gas company (DTE) also has this program.
--172.58.xxx.xxx |
Interiorbroken pipes (by plenty [MO]) Posted on: Jan 22, 2023 7:37 AM
Message:
What MYOB, you don't have a habitable unit. No they can't live there. In my state I give them a notice that our agreement ends and I return their deposit in full. Since you don't have a lease, read up on that, as MYBo wrote above in my state it means I have a month to month agreement, your state maybe different. My guess is they are not now going to pay any rent, so they should just get their stuff and leave. They were never good tenants to begin with, now you know that tidbit of information get moving on a solution. My experience tells me you are not ever going to hold them accountable..just put in an insurance claim and let your insurance company do what they do, they may be able to recop their money but can't get blood from a turnip and if they had money they would have had heat. I imagine your unit , if you've not been there in a while, is in worst shape than you know. Sorry, agree, teachable experience if you are ready to learn and move your business to a professional paperwork business... It's just a crazy world and you better have more written. --172.56.xx.xxx |
Interiorbroken pipes (by DJ [VA]) Posted on: Jan 22, 2023 8:02 AM
Message:
Good comments above, but the FIRST thing you need to do is STUDY - read in it's entirety - the KS landlord-tenant laws. They should tell you where you stand with the tenant. All states are different. The LL/Tenant laws of KS will tell you what applies when there is no lease, and what notice time-frame is required, what needs to be in the notice, etc. There is a link to State laws in the upper left area of this page.
The SECOND (quickly/simultaneously) thing you need to do is find a local (to the property) eviction attorney who has a track record of consistently winner for the Landlord. You can find them by attending the local eviction court and see who is there representing landlord(s) in multiple cases and winning. Get their card before they leave & call their office the same day to make an appointment.
Since you have studied the KS law, you will be able to tell them pretty much what type of situation you are in, intelligent questions, and understand what they say.
ALSO, Learn all you can as quickly as you can about the landlording business - particularly how it is in KS - and make an informed decision as to whether it is really a business you want to be in. If "yes", keep coming to this site - learn the importance of a lease & make one for going forward.
Go find out what's happening in the other side of the duplex.Is this duplex the only rental property you own? Why so far from where you live? Tell us a little more. --68.229.xxx.xxx |
Interiorbroken pipes (by tryan [MA]) Posted on: Jan 22, 2023 9:52 AM
Message:
Just tell them the house is uninhabitable and they need to move. "Rehab will take MONTHS" Then after they move finish the work. Also (as part of the work) PULL THE TOILETS so they can't move back in. --198.168.xx.xxx |
Interiorbroken pipes (by Doogie [KS]) Posted on: Jan 22, 2023 9:58 AM
Message:
Yes, you can get them out. I agree with DJ above however. Get an attorney. If you've never done this before, it's best to go through attorney. I can tell you how it works in my area, but it's not the same throughout the state. I have had properties in a different county in KS and it was WAY different there. So, make sure you know how it works in the area, not just the state.
If you're going to be absent LL, might also consider a property manager. Not sure where your house is, but I know a few around the state that might be able to help should you choose to go that route. Totally ok not to, but definitely need to be more hands on in the future. --70.179.xxx.xxx |
Interiorbroken pipes (by Scott [IN]) Posted on: Jan 22, 2023 11:19 AM
Message:
Good advice above. Turn off the water, drain the pipes and don't finish construction or turn the gas/water back on until eviction is complete. Your contractors can use their kerosene space heaters to warm the place while they work. Tell them to remove the heaters at the end of each workday. Just a guess, but since it's too cold to stay there, I think your tenants have found friendly couches to sleep on, and your apartment is just storage for their junk until they can get back in.
Also post a notice on the door: DANGER. PREMISES IS UNDER CONSTRUCTION. UNSAFE TO ENTER BY ANYONE EXCEPT CONSTRUCTION WORKERS. Your contractor probably already has something like this. --107.141.xx.xxx |
Interiorbroken pipes (by myob [GA]) Posted on: Jan 22, 2023 2:06 PM
Message:
plenty i'm not sure how to take your comment?
NO I don't have a unit for them and never will.
Why would any sane LL move people like this from one place to another? --98.97.xxx.xxx |
Interiorbroken pipes (by plenty [MO]) Posted on: Jan 22, 2023 2:32 PM
Message:
MYOB, I didn't write anything about moving these folks to another unit. I'm confused. I would not want to accommodate these folks, close the orphanage! --172.56.xx.xxx |
Interiorbroken pipes (by 6x6 [TN]) Posted on: Jan 22, 2023 2:33 PM
Message:
Interiorbroken pipes (by Ray-N-Pa [PA]) Posted on: Jan 22, 2023 7:58 PM
Message:
For anyone who thinks education is expensive - try going into this uneducated and see exactly HOW expensive ignorance is.
Jeffery has a boot camp that is a huge bargain in normal cases, but in this case - it could have saved you five figures.
Please take the time to invest in yourself. --24.101.xxx.xxx |
Interiorbroken pipes (by Duplex owner [KS]) Posted on: Jan 23, 2023 3:31 PM
Message:
Yes all good responses. Gas has been off since July I was told today with unpaid balance. We 1031 exchanged from CO to Goodland KS. It’s a 3 hour drive. --76.130.xxx.x |
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