All Forum Posts by: Nathan R.

Thanks guys. I really don't want to involve a lawyer if I don't have to, but based on such a strong response I will rethink my opinions.

Hey BP, I have a situation that I'm sure someone has some experience with, and any advice/suggestions would be appreciated. I have a SFR with a long-time tenant, but I am having serious plumbing issues and it is taking me way longer to fix than I expected. I have several concerns:

1) Right now the property is not safe to live in (there is potential and precedent for sewage flowing IN to the unit) and I'm concerned about health and sanitation issues. 

2) There is no lease currently in effect. The tenant refused to sign a renewal when it expired so there is some ambiguity about tenant/landlord obligations to each other (obviously the law applies - I'm talking about anything above and beyond that).

3) The tenant is difficult to deal with but has always paid rent (~8 years running). There are no eviction-worthy offenses (as far as I know - more on this later) and she has told me that she will never voluntarily move out under any circumstances.

4) The tenant is allegedly handicapped although I am doubtful whether she has any documentation to that affect. 

5) Besides the aforementioned concerns, I am also concerned about legal liability over the same concerns. Several times in the past, the tenant has threatened to sue over very minor [perceived] issues (such as talk about raising rent $25/month after 4 years of tenancy). 

Here are the actions I have taken or plan to take:

1) I have explained the plumbing problems to the tenant and asked the tenant to move out with incentives (last month rent free), and she became verbally very aggressive, including some threats which I do not take seriously. 

2) I posted a Notice of Nonrenewal of Lease today, with end of March as the last day. It's my understanding that with no lease I am only obligated to 15 days' notice although 30 days is "preferred." (Is this correct?)

3) I have started compiling notes and records of steps I am taking to fix the plumbing and correspondence to/from the tenant, in case lawyers get involved at some point.

4) If she does submit March rent I plan to cash the check, but not cash the April check if she sends it. If she vacates before April 1st I will give her a pro-rated refund of the March rent.

5) On April 1st I will file for eviction if she has not moved out.

Is there anything I am not thinking of? Have I completely shot myself in the foot by not threatening eviction when she refused to sign the lease renewal? If push comes to shove will my 24-day Notice hold up under scrutiny (timeline-wise)? Is there a way for a landlord to "force" a constructive eviction faster if the living conditions are unsanitary? 

As an aside, I am treating the plumbing issue as a completely separate situation and am asking for advice about that in a separate forum.

Thanks for all the input, guys. There is obviously a lot I don't know. Wayne and Kyle, you are both guessing correctly on some parts. Sorry for not clarifying earlier - I didn't know what was pertinent. 

Fee simple ownership sounds like what I have. I am 100% owner of my unit and my lot, and the other owner is the same on his side of the line. We share a wall and one stretch of backyard fence. The sewer lateral comes out of my unit for a few feet on my side of the property line, then runs at 45° across the neighbor's yard to the city sewer main, which terminates on the far side of my neighbor's property (i.e. it ends before it gets in front of my lot). There are two "bellies" in the sewer lateral, and both are under the neighbor's lot. One belly is upstream of where the neighbor's sewer lateral tees in, and one belly is downstream. For whatever reason, the neighbor's tenant reports no plumbing issues even though it seems like he should have some degree of the issues I have. My best guess is that because I have 2 bellies holding water and my lateral run is about 40' longer than his, I'm seeing issues and he is not. By "issues," I mean sewage coming out of the tub and sink drains when the toilet is flushed.

Sounds like I need to get down to the county recorder's office Monday morning and look for some documents, and also ask my plumber if the pipe bursting technique is an option here. I might be able to replace the lateral up to the tee, but it would only fix half the problems and it is still under the neighbor's lot. Again, thanks to everyone for the help!

Oops, I missed your second reply. I will do some research into CC&Rs and see what I can come up with. I think the terminology you are giving me will help a lot in my conversations with the city and county officials.

Matt, thanks for your reply!

I do not believe there is a recorded easement. I have been trying to work with the county code enforcement office and also the tax assessor's office to figure it out. Is there any other way I should be approaching it?

By "not to code" I was paraphrasing from a plumber I have been talking with about the repairs. He says I should have schedule 80 ABS pipe, and what is there now appears to be something less than schedule 40. The lateral's actual location also may not be approved but I'm assuming I will find that out at the same time I finally figure out the easement question above. I should also mention that the neighbor's sewer line tees into the same line as mine, but the tee is below the restriction caused by the crushed/flattened pipe so it is not causing them problems.

My plumber and I are also looking at the possibility of a completely new lateral run that circumvents the neighboring property entirely, but at this point it looks like the only way to do that will require burying it in the street and down the road, and applying for a permit for a new tap. I'm not abandoning the idea in case it is my only option, but it looks like it will be 2-3x the cost and therefore not a very appealing option.

I have a problem that has me completely stumped at the moment. I have a property (1 unit of a duplex) that is currently tenant-occupied. The sewer line runs out of my unit, under the lawn and driveway of the other unit (owned by another landlord), and into the sewer tap under the street. The sewer line was apparently not built to code in the first place, but the drain line is starting to collapse under the weight of the neighbor's cars (they park mainly in the driveway but also in their yard directly on top of the sewer line). To repair the problem would necessitate cutting  and partially resurfacing the neighbor's driveway. I have contacted the neighbor's property management firm (I have not been able to get in touch with the owner himself), and explained the situation and that I am willing to pay for everything, but they are  telling me the owner is completely unwilling to discuss it. Is there anything I can do?