Tenants got my property condemned - do I evict?

Tenants got my property condemned - do I evict?

IT Security Consultant · Seattle, WA · Member since 2015 · 30 posts · 6 votes

[RANT] My tentants (1 college student + 2 young working professionals) were tired of waiting for my plumber to fix a sewage smell - it took a series of months to complete root cause analysis, so they took matters into their own hands. They scheduled the health inspector to visit the property who confirmed a main vent (root cause of sewage smell) was not installed, which prevented sewage smell from venting out through the roof. I inherited this problem from the previous owner - yay.

So I get a call the property is condemned, and immediately schedule the plumber and contractor to do the work but barely miss the city of Richmond, VA department for getting my permit. Flash forward to Monday and the mania around Covid-19 resulted in the City shutting down all offices for the entire week. That means the earliest I can get a permit if they do not extend the closure is 10 days after the property was condemned (started 4/13). If I get the permit on 4/23 and the work is done in 1 day and inspected the next day, I'm looking at 11-12 total days I need to pay for them to stay in a hotel or AirBNB. That's for some tenants who do not pay on time, and a property I'm not collecting market rent for (normally rents at $2,600 but missed rental season so renting at $2,000).

What should I do? 

1. Send them a “5 day pay or quit” notice the next time they are late on rent to evict them and move on to get new tenants.

2. Go drink bourbon and wait for this to blow over.

3. Find a new plumber who finds the root cause sooner - it took 6 months too long.

4. Something else.


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Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
6y

You need to change the subject line to: I got my property condemned - do I evict my tenants for my laziness and lack of professionalism?

If the health inspector figured out the issue on their first trip, a competent plumber should have also figured it out. This one needs to be fired.

I don't believe it took "a series of months to complete root cause analysis". Were there plumbers there daily trying to figure it out? Or did the plumber stop by and try something and then come back a few weeks later and try another thing? All the while sewer smell flooded their unit. Lack of urgency caused this to take months to get resolved, not complexity of the problem. 

You're throwing this off on everybody else. What you should do is stand up and be a responsible landlord and say "I ****ed up and need to find the best way to get this resolved" and not say "woe is me". 

Find a new plumber today. Fix the problem ASAP. Pull the permit after the fact. Apologize to the tenants for taking so long. Enforce the lease after this and require rent on time or tell them you will begin charging the late fee. Raise rent to market on renewal. 

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  • Investor · SE, MI · Member since 2013 · 1k+ posts · 461 votes
    6y

    Get the work done and have them pull the permit afterwards.  For emergency repairs, like replacing a hot water heater, pulling the permit after the fact is permissable in my area.

  • Theresa HarrisPro Member
    Member since 2019 · 15k+ posts · 11k+ votes
    6y

    @Nicholas DeGaetani  There will be problems evicting them as the city will likely say you can't evict them for reporting you.  Your plumber should NOT have taken 6 months to figure out the problem if the inspector did it in a single visit.  Get a different plumber, fix the problem and when their lease is up, do not renew it.

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    6y

    Your plumber blew this, and really so did you for letting it go that long. It's one thing if they fix different things and it still didn't work - at least they are trying to solve the problem. It doesn't take 6 months to figure out this problem, as evidenced by the fact that the inspector figured it out in 10 minutes or however long he was there. 

    So normally as a landlord I'm on that side but I think you are eating this one for taking a laissez faire attitude until they called the city on you. 

    Skyline Properties
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  • Bjorn AhlbladPro Member
    Investor · Shelton, WA · Member since 2017 · 6k+ posts · 6k+ votes
    6y

    @Nicholas DeGaetani Don't listen to them Nick at least not till you have done No. 2 from your list!

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    6y

    You need to change the subject line to: I got my property condemned - do I evict my tenants for my laziness and lack of professionalism?

    If the health inspector figured out the issue on their first trip, a competent plumber should have also figured it out. This one needs to be fired.

    I don't believe it took "a series of months to complete root cause analysis". Were there plumbers there daily trying to figure it out? Or did the plumber stop by and try something and then come back a few weeks later and try another thing? All the while sewer smell flooded their unit. Lack of urgency caused this to take months to get resolved, not complexity of the problem. 

    You're throwing this off on everybody else. What you should do is stand up and be a responsible landlord and say "I ****ed up and need to find the best way to get this resolved" and not say "woe is me". 

    Find a new plumber today. Fix the problem ASAP. Pull the permit after the fact. Apologize to the tenants for taking so long. Enforce the lease after this and require rent on time or tell them you will begin charging the late fee. Raise rent to market on renewal. 

  • Investor · Singapore · Member since 2013 · 1k+ posts · 3k+ votes
    6y

    So which part of any of this is the tenants fault? Your choice of plumber? CoVid shutdowns? The fact that they rented "off season" and got a rental discount? You are frustrated and taking it out on the wrong people.

  • Russell BrazilBusiness Member
    Moderator
    Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
    6y

    It took 6 months? Uhm I hate to tell you this, but your tenants are in the right and you are in the wrong on this one.

  • Investor · Columbus, OH · Member since 2017 · 861 posts · 1k+ votes
    6y

    Based on the brutal (but on point) responses here, I would suggest that bourbon!

  • IT Security Consultant · Seattle, WA · Member since 2015 · 30 posts · 6 votes
    6y
    Originally posted by @JD Martin:

    Your plumber blew this, and really so did you for letting it go that long. It's one thing if they fix different things and it still didn't work - at least they are trying to solve the problem. It doesn't take 6 months to figure out this problem, as evidenced by the fact that the inspector figured it out in 10 minutes or however long he was there. 

    So normally as a landlord I'm on that side but I think you are eating this one for taking a laissez faire attitude until they called the city on you. 

     Hey JD - duly noted. Maybe my write up was laissez faire, but trust me when I say I responded to each compliant in a timely manner and followed the advice of the professional. I suppose fixing a section of cracked sewer pipe and not being able to replicate the smell could postpone finding the problem. And sure, I'm a new landlord, so I definitely admit the lesson learned here is move on to another plumber if a timely analysis of root cause is not completed. I guess I am love struck with the guy...I'm in Seattle...he's recommended by my best friend's dad who is an architect/builder in the city my property is...he's super responsive and quick to get started...my hands are tied. What can a remote landlord do buy complain?

    How about this? I realize I could have pressed with another plumber to provide an independent assessment. Lesson learned! I also realize now I should have paid $500 for a smoke test when I was doing due diligence before buying. Would have saved me a bunch!

  • IT Security Consultant · Seattle, WA · Member since 2015 · 30 posts · 6 votes
    6y
    Originally posted by @Bjorn Ahlblad:

    @Nicholas DeGaetani Don't listen to them Nick at least not till you have done No. 2 from your list!

    Lol, thanks! And from bad to worse as the city is closed through next week...Now I wait and weep.

  • IT Security Consultant · Seattle, WA · Member since 2015 · 30 posts · 6 votes
    6y
    Originally posted by @Greg M.:

    You need to change the subject line to: I got my property condemned - do I evict my tenants for my laziness and lack of professionalism?

    If the health inspector figured out the issue on their first trip, a competent plumber should have also figured it out. This one needs to be fired.

    I don't believe it took "a series of months to complete root cause analysis". Were there plumbers there daily trying to figure it out? Or did the plumber stop by and try something and then come back a few weeks later and try another thing? All the while sewer smell flooded their unit. Lack of urgency caused this to take months to get resolved, not complexity of the problem. 

    You're throwing this off on everybody else. What you should do is stand up and be a responsible landlord and say "I ****ed up and need to find the best way to get this resolved" and not say "woe is me". 

    Find a new plumber today. Fix the problem ASAP. Pull the permit after the fact. Apologize to the tenants for taking so long. Enforce the lease after this and require rent on time or tell them you will begin charging the late fee. Raise rent to market on renewal. 

    Hey Greg - apparently my sarcasm and fatigue with small children got to me...so here goes... I've got a detailed log of immediately calling the plumber out to find a problem spot in the plumbing and fix/replace it. It didn't take 6 months to do that. What I mean is it took 6 months to conclude that main vent didn't go through the roof to vent. So along the way I patched, replaced, and upgraded plumbing on a house built in 1900 :-)

    Not dodging responsibility here - just looking to commiserate over a ******** situation - pun intended. As noted above in another reply to similar comment, every mistake is a learning opportunity, and I'm happy to say I've learned a few.

    I'm going to discuss why it took so long with the existing plumber and see what he can do for me on price with this job. I'm going to also look around for another plumber. I'm also going to add to my due diligence checklist...do not buy a home built in 1900 without positive confirmation of a few details...

  • IT Security Consultant · Seattle, WA · Member since 2015 · 30 posts · 6 votes
    6y
    Originally posted by @Theresa Harris:

    @Nicholas DeGaetani  There will be problems evicting them as the city will likely say you can't evict them for reporting you.  Your plumber should NOT have taken 6 months to figure out the problem if the inspector did it in a single visit.  Get a different plumber, fix the problem and when their lease is up, do not renew it.

    Hey Theresa, in an unrelated matter, the tenants are *crap* for paying rent and utilities on time, so my attorney advised to consider that route to evict. Appreciate the vote for replacing the plumber, and totally agree to not renew. Appreciate you taking the time to share thoughts.

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 16k+ votes
    6y
    Originally posted by @Nicholas DeGaetani:
    Originally posted by @JD Martin:

    Your plumber blew this, and really so did you for letting it go that long. It's one thing if they fix different things and it still didn't work - at least they are trying to solve the problem. It doesn't take 6 months to figure out this problem, as evidenced by the fact that the inspector figured it out in 10 minutes or however long he was there. 

    So normally as a landlord I'm on that side but I think you are eating this one for taking a laissez faire attitude until they called the city on you. 

     Hey JD - duly noted. Maybe my write up was laissez faire, but trust me when I say I responded to each compliant in a timely manner and followed the advice of the professional. I suppose fixing a section of cracked sewer pipe and not being able to replicate the smell could postpone finding the problem. And sure, I'm a new landlord, so I definitely admit the lesson learned here is move on to another plumber if a timely analysis of root cause is not completed. I guess I am love struck with the guy...I'm in Seattle...he's recommended by my best friend's dad who is an architect/builder in the city my property is...he's super responsive and quick to get started...my hands are tied. What can a remote landlord do buy complain?

    How about this? I realize I could have pressed with another plumber to provide an independent assessment. Lesson learned! I also realize now I should have paid $500 for a smoke test when I was doing due diligence before buying. Would have saved me a bunch!

     The main thing is don't fret too much over it. Take ownership of it, get it fixed, chalk it up to lesson learned, and move on. There's not a landlord on this board that hasn't screwed something up by leaving it in someone else's hands or taking a "blow-over" approach at least once in their investing career. Usually the smart ones, the ones that last in this business, only do it once and learn from it. We can tell ourselves all sorts of stories about why things didn't get done as they should have but at the end of the day it's our property and our responsibility. 

    This one will be a little painful for you. Most lessons are :)

    Skyline Properties
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  • Rental Property Investor · Atlanta, GA · Member since 2016 · 325 posts · 253 votes
    6y

    @Nicholas DeGaetani If the property is condemned then it is inhabitable and hence you can not rent it, at least that is my understanding. My lease says if I can not repair the problem in reasonable time then I terminate the lease and refund the deposit. Give them a notice of termination citing property status and a violation of city rule to live in condemned property. Get it fixed and rent again at market rate.

  • Investor · Milwaukee, WI · Member since 2013 · 1k+ posts · 1k+ votes
    6y

    Dude. What I say is for you and anyone else in this thread that think the tenants deserve to be "punished" in any way. You need to apologize to and thank your tenants for doing what they did.

    Sewer gas backing up into a house is more than stinky, it can be deadly. I'm a bit shocked this has not been the number one point brought up in this thread. I found this link in 5 seconds. I suggest you and everyone else that might wonder why this is a serious safety issue read it.

    https://deltaplumbingatlanta.com/news/the-danger-sewer-gases-present-in-your-home

    Here is one quote from the link for anyone that won't bother to read it:

    "Gases that originate in your home’s sewer system can lead to explosions in the house as well as asphyxiation and even death for anyone inside."

    Anyone who doesn't have the common sense required to keep their tenants safe from death ought not be in this business.

    Go pour yourself that bourbon and think that last statement over.

    Maybe you should get evicted from this business before you kill someone.

  • Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
    6y

    Starting an eviction after the tenant called the city who then condemned your property would, IMHO, be just as big a mistake as waiting six months to get the gas issue repaired.

    Retaliatory eviction is a no-no, and no MDJ or higher court will be friendly to this kind of easy-to-connect-the-dots prosecution against you.

    The property is uninhabitable; get the plumber to get off their *** and get the job done.  Permits can be obtained after the fact in emergency situations like this one, as previously posted.

    NOTE:  Be sure to play nice with the city inspectors of the repairs to un-condemn the property.  Flash them any sarcasm or defiance and they will just happen to find 'other issues' with your property.  Like the court, city inspectors are best to stay away from.  But if you must be there, be kind, humble, and knowledgeable about your issues.  And treat them like the professionals they are supposed to be.

  • Member since 2020 · 1 post · 1 vote
    6y

    As someone  in new construction who is just getting into rentals and has had many meetings with inspectors in my years, I'll share something a seasoned builder suggested  when I complained to him about an inspector and an impending meeting. " Bend over, grab your ankles, smile and do what he says".

  • Real Estate Agent · Denver, CO · Member since 2016 · 97 posts · 76 votes
    6y

    With a sewer smell in the house, any halfway competent plumber should have checked that the vent stack was clear, which would have shown that it wasn't properly vented through the roof. It sounds like this guy charged you for a bunch of unrelated work, pissed off your tenants, and landed you in hot water. 

    I would find a new plumber and apologize to the tenants. 

  • Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    6y

    Fix the vent problem, but leave any wall or area you open up to get to the vent open so the inspector can see it when he gets back to work.  Send in a new plumber and get it done.  

    If you want to get revenge do it by stopping by to look at the status of the repair as its being done and  coughing every few minutes...but don't evict them.  You should have fixed that in a week!

  • Property Manager · Phoenix, AZ · Member since 2019 · 31 posts · 5 votes
    6y

    @Nicholas DeGaetani

    - You could give them the option of leaving free and clear. Get it in writing.

    - You could give them a 10 day Health and Safety Notice basically saying it’s not safe, get out.

    - You could offer them pro-rated rent for the days you will need them to vacate for repairs to occur. But don’t offer to pay for hotel, they should have renters insurance for that.

    - Document. Document. Document. Everything in writing.

  • IT Security Consultant · Seattle, WA · Member since 2015 · 30 posts · 6 votes
    6y
    Originally posted by @Marc Winter:

    Starting an eviction after the tenant called the city who then condemned your property would, IMHO, be just as big a mistake as waiting six months to get the gas issue repaired.

    Retaliatory eviction is a no-no, and no MDJ or higher court will be friendly to this kind of easy-to-connect-the-dots prosecution against you.

    The property is uninhabitable; get the plumber to get off their *** and get the job done.  Permits can be obtained after the fact in emergency situations like this one, as previously posted.

    NOTE:  Be sure to play nice with the city inspectors of the repairs to un-condemn the property.  Flash them any sarcasm or defiance and they will just happen to find 'other issues' with your property.  Like the court, city inspectors are best to stay away from.  But if you must be there, be kind, humble, and knowledgeable about your issues.  And treat them like the professionals they are supposed to be.

    Hey, just to clarify, the work was completed in 30 minutes and approved by the inspector pretty quickly, so that's a win. With this Coronavirus shut down the plumber has a long standing relationship with the Head City Inspector, so he was able to confirm the repair while the entire city is shut down.

    And also to be clear, any consideration to evict is not directly related to the plumbing problem - their rent and utility payments have been late for 4 months in a row...but certainly understand how perception could tie those two things together. Currently, no plan to evict or send notice unless it continues again.

  • IT Security Consultant · Seattle, WA · Member since 2015 · 30 posts · 6 votes
    6y
    Originally posted by @Account Closed:

    Dude. What I say is for you and anyone else in this thread that think the tenants deserve to be "punished" in any way. You need to apologize to and thank your tenants for doing what they did.

    Sewer gas backing up into a house is more than stinky, it can be deadly. I'm a bit shocked this has not been the number one point brought up in this thread. I found this link in 5 seconds. I suggest you and everyone else that might wonder why this is a serious safety issue read it.

    https://deltaplumbingatlanta.com/news/the-danger-sewer-gases-present-in-your-home

    Here is one quote from the link for anyone that won't bother to read it:

    "Gases that originate in your home’s sewer system can lead to explosions in the house as well as asphyxiation and even death for anyone inside."

    Anyone who doesn't have the common sense required to keep their tenants safe from death ought not be in this business.

    Go pour yourself that bourbon and think that last statement over.

    Maybe you should get evicted from this business before you kill someone.

     Hey bud - to be clear, as you may not have read all my other comments, I don't think anyone believes the smell is not a serious concern. Appreciate the link. Fortunately, this was remediated this morning and confirmed by the inspector. Challenges included having multiple representatives not be able to positively confirm the smell for multiple months after hours of trying to replicate. My ultimate take aways are:

    1. The truth is probably somewhere inbetween the contractor and the tenant observations

    2. Ask for an independent assessment to confirm due diligence if there's a hint or suspicion that a problem is significant

    3. Don't write a partial post on Bigger pockets to vent/complain. Full details matter, and even then, not all of the details will be read.

    4. Post to BP sooner to get a sanity check - you guys all have fantastic feedback and there's a lot of wisdom here.

    Thanks!

  • Investor · Milwaukee, WI · Member since 2013 · 1k+ posts · 1k+ votes
    6y
    Originally posted by @Nicholas DeGaetani:
    Originally posted by @Account Closed:

    Dude. What I say is for you and anyone else in this thread that think the tenants deserve to be "punished" in any way. You need to apologize to and thank your tenants for doing what they did.

    Sewer gas backing up into a house is more than stinky, it can be deadly. I'm a bit shocked this has not been the number one point brought up in this thread. I found this link in 5 seconds. I suggest you and everyone else that might wonder why this is a serious safety issue read it.

    https://deltaplumbingatlanta.com/news/the-danger-sewer-gases-present-in-your-home

    Here is one quote from the link for anyone that won't bother to read it:

    "Gases that originate in your home’s sewer system can lead to explosions in the house as well as asphyxiation and even death for anyone inside."

    Anyone who doesn't have the common sense required to keep their tenants safe from death ought not be in this business.

    Go pour yourself that bourbon and think that last statement over.

    Maybe you should get evicted from this business before you kill someone.

     Hey bud - to be clear, as you may not have read all my other comments, I don't think anyone believes the smell is not a serious concern. Appreciate the link. Fortunately, this was remediated this morning and confirmed by the inspector. Challenges included having multiple representatives not be able to positively confirm the smell for multiple months after hours of trying to replicate. My ultimate take aways are:

    1. The truth is probably somewhere inbetween the contractor and the tenant observations

    2. Ask for an independent assessment to confirm due diligence if there's a hint or suspicion that a problem is significant

    3. Don't write a partial post on Bigger pockets to vent/complain. Full details matter, and even then, not all of the details will be read.

    4. Post to BP sooner to get a sanity check - you guys all have fantastic feedback and there's a lot of wisdom here.

    Thanks!

    OMFG. You care more about what an internet community thinks about you than you do about making sure you don't threaten the lives of your tenants. Here's my idea of what your "take aways" ought to have been, buddy ole pal:

    #1 - I have come to realize my knowledge of basic housing 101 is lacking to a degree that is life-threatening to my tenants.

    #2 - Now that I have come to this realization, I need to make educating myself on housing safety my number one priority, and until I obtain this education and can competently manage a residential building, I ought not to purchase any additional properties.

    #3 - In the meantime, I should probably consider hiring a property management company for the interim, and maybe retain their services indefinitely. This makes good financial sense, not just moral sense, as a negligence lawsuit could ruin me. 

    #4 - Just because people on BP speak to me in a manner that I don't understand, or is from another era, or in a manner I might perceive as being mean, that doesn't necessarily make them internet trolls and maybe, just maybe, they say these things to me because they would hate to see my incompetence cause the death of another person.

    #5 - Just because people advertise or present themselves or I misjudge them as experts on a certain topic, the reality is they might not be an expert at all, and taking their advice may have serious adverse consequences. This includes people that make a living as a plumber, people in my family that I trust because I love them, and people I meet on the internet.

    #6 - Most people on BP do not even bother to read what I've posted, or some skim over it, and maybe I even leave out details, but then sometimes some people read every word of it, and know more about my story than I wrote or even understand myself - lol.

    #7 - I am still really young and have a lot to learn about all sorts of things.

    And if we're still friends and still having fun...

    1. The truth is probably somewhere inbetween the contractor and the tenant observations

    Uhm...like the truth of life? Truth and consequences? Truth of a politician? What sort of truth are you seeking here? The truth is you should have enough knowledge as the property manager to know sewer gas is serious and requires immediate remedy. That has zero to do with the contractor or your tenant.

    2. Ask for an independent assessment to confirm due diligence if there's a hint or suspicion that a problem is significant

    Ask who? The property manager??? That's you. You're the property manager. You're the guy that confirms due diligence has happened, or better put, you need to perform your due diligence. That means you call the plumber. That means you call out their BS and call a second plumber.

    3. Don't write a partial post on Bigger pockets to vent/complain. Full details matter, and even then, not all of the details will be read.

    O I don't know. I write long posts and sometimes think I'm better off out of the gate with less. You can definitely come here to vent or complain, but you might not get the coddling you were hoping for, but often you will. You are right on the last bit, not everything you post will be read by everyone. And, sometimes people respond without reading or worse, are complete idiots and take what you said entirely out of context or, maybe you just thought they did until you go back and read what you posted and discover you were not very clear in the first place - lol - welcome to the digital world of people. As far as forums go, BP is pretty awesome and for the most part free of idiots.

    4. Post to BP sooner to get a sanity check - you guys all have fantastic feedback and there's a lot of wisdom here.

    You hit that one square in the head. The best threads are the ones where people share their failures. Unfortunately people prefer to share their success and hide when they fail, in part because the world can be cruel when you're down however, it is precisely those threads that we all, not just the person who started the thread, learn how to avoid mistakes. My friend, the number of times I posted something on the net and got my fanny handed back to me are countless. While there are people who can say that's never happened to them because they are just so perfect, most of us are just a bunch of dummies trying to get through to the next.

    Go learn to be a proper property manager and the first rounds on me.

  • Investor · Port Townsend, WA · Member since 2014 · 103 posts · 50 votes
    6y

    @Account Closed  Dang! That is tough love, but very educational!

    @Nicholas DeGaetani I thoroughly feel your pain. I was in a similar (actually worse) situation, and felt the pain for over 12 months. I am glad things are resolved for you!

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