Need help w/ Tenant problem - WWYD?

[Marci Stein]

Family with 4 young children have been renting for two years . Last month I told them I am not renewing the lease (up in July 4 ) and they said they’re not moving ( no $) and I’ll have to evict them . 
yesterday they told me water is leaking from toilet to tub . 
today I had the septic pumped and was told even though it is now empty , there is a ton of grease in the lines and the plumbing still will not work . 

tenant denies putting any grease in the pipes .

Lease states he is responsible for any plumbing problems other than regular maintenance . 

The last pumping was two years ago right before he moved in and he clearly had a working septic tank for two years. 

I’m thinking if I do not fix it he will be forced to move but then the town might condemn my house and I have to pay for his relocation . 
I feel stuck - advise please?

[Theresa Harris]

You put it in writing that you were not renewing their lease.  So come July 4 when their lease is up, if they don't move, start with the eviction.  Get the pipes fixed after they are out.

[Greg Scott]

A tenant is typically responsible for things they break and minor maintenance items, such as mowing the lawn.  A tenant is typically NOT responsible for things that break due to age or normal use, such as an old leaky roof. In your post, it appears you have reversed this, saying that the tenant is NOT responsible for regular maintenance but is responsible for major items such as a deteriorating cast iron sewer pipe. 

I would have considered having the septic tank pumped every two years to be a maintenance item the tenant should have paid for.  It is probably too late to revisit that if you have already paid for it.  Regular maintenance would also include having a plumber auger out clogs from the lines.  That typically isn't very expensive anyway. What gets expensive is if the plumber finds that the line isn't clogged from grease but from the line collapsing due to old age.  Then you get to dig up the yard and fix it.  No judge will say that a tenant should have been responsible for that.

Given the potentially contentious issue you may be facing when removing these residents, I would just pay to have a plumber come out to augur the line and be sure they report findings back to you. 

[Marci Stein]

The septic co. 
said it would cost $350 to take the grease out from the lines . 

I do have it pumped every two years so I know they are responsible for the clog. 
it may take 3 to 4 months to evict them so I’m not sure what that would look like not having a toilet for 4 months.

[JD Martin]

I say you get started on the eviction and forget about collecting because of the grease. Unless you have plumber video of the lines before they move in, you're never going to be able to prove they put grease in the lines. 

[Marci Stein]

JD- I had the entire Septic replaced four months before they moved in. 

Are you saying for me to pay for the declogging even though the lease clearly states it’s on them ?

the fact the pipes were working fine for two years is proof enough that there was no grease, isnt it?

[Nick C.]

I would declog the lines for $350. You know you're going to court for an eviction. If you have receipts for the new septic tank and receipts for unclogging the line, the tenant is going to have a hard time proving the toilet isn't their fault. 

It's a bummer, but at this point you should be thinking about putting yourself in the best position to have a smooth eviction. If there's a snag, for example the tenant argues you didn't fix the sewer line out of retribution or something, and the judge doesn't like landlords, the eviction could be delayed and it will cost you way more than $350. 

What's the point of arguing what is and is not their responsibility? If they were responsible and respected the lease they wouldn't be getting evicted on July 5th. 

[Joseph R. Smith]

All good answers here. I think were all pretty much on the same page. I'm a landlord in various parts of upstate NY as well. I agree with the comment that your lease stating the tenant is responsible for major plumbing problems will likely contrast with NY law. As it sounds like you well know, NY State is one of the most tenant friendly and against landlords. It sounds like tenants are playing a usual game of setting up an eviction to stall a bit due to issues not being fixed. Definitely worth swallowing the small $350 cost and cost to fix toilet leaking or whatever. Consider it part of the business and dont feel stuck or take it personal. And btw, there is a product available online called "Thrift"-Its basically a lot more potent and powerful at removing grease from lines than even Drano Max Gel often cited as the best uncloger on the market. So using it Ive never had to call a plumber for this issue. (Of course If you have chosen to not renew the lease for whatever reason, your not exactly evicting them for non payment of rent or other legitimate grounds-so their tactic becomes a sticky issue not exactly relevant if your simply asking the Court to take back possession of the premises as lease is up). But at any rate, rather than get into all that, better to just eat the $400 or whatever and save yourself them being in there 2-4 extra months, which costs what 10 times that. :/  

[Marci Stein]

Thank you everyone for your very wise responses!

I will have the drain cleaned and evict them and Move on .