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We have been renting a home in Georgia that used to be our primary residence. The home was built in 2007, we lived there for over 5 years without issue.
The tenants have been living there less than 2 years and I was just notified about another plumbing issue. This makes six plumbing related problems since they moved in.
First, it was the shower head, plumber stated that someone most likely was a little rough adjusting it, causing it to leak behind the wall (most likely tenant caused).
There was a leak in an upstairs bathtub that caused water damage to the ceiling below. When the plumber came out for this repair, he discovered it was a hair ball clogging the drain. (This particular shower was only used ~7 times, while we lived there).
The kitchen sink/garbage disposal was clogged 2x.
Bathroom sink was leaking due to clog.
Now the master bathtub is backing up when toilet is flushed.
We have lived in several homes (most very old) and NEVER had issues like this. We are concerned that they are flushing or washing things down the drains that should not be there. We are getting really worried about what they are doing to the septic system. Do I have any rights as a landlord to force them to pay for these repairs? Or can I evict them for failure to maintain the property?
We have a property management company handling most of this stuff but, obviously they do not care about the property like we do.
Do I have any rights as a landlord to force them to pay for these repairs? Or can I evict them for failure to maintain the property?
Of course you do. These repairs have had to be made because of tenant actions not because of basic system failure. Obviously you've let things slide so you can't backtrack but you need to write to them and advise that any further repairs necessitated by their own actions will be for their account. Suggest you have your plumber document the reason for past repairs and obviously have him continue to do so in the future.
No, you can't evict them for being stupid. Make sure you have the necessary catchers on all drains and if they can't figure out how a kitchen disposal unit works, remove it.
Finally, before you renew their lease or take on another tenant, have an attorney look over your lease and put in a clause which addresses the issue of repairs and tenant neglect.
Once their annual lease is up, maybe give them notice to move out. I bet there are many people living there. Next you'll be having to spend to get the septic fixed, which could be thousands of dollars if the drainfield needs to be redone.
If their annual lease is expired, if you choose to keep them as tenants, you can modify the lease to specify things about them paying for plumbing issues caused by them. This could backfire because maybe they stop reporting these issues and then the damage gets worse. Or they argue and say they didn't do the damage and sometimes it's hard to prove and you need to go by plumber's opinion.
You can also just raise the rent by $50/mo or $100/mo IF the lease is up. You just give proper notice as to the new terms(about plumbing fixes) or proper notice of rent increase( or proper notice to have them move out). It's not eviction when you give them notice to move out. Eviction is legal action kicking them out for doing something wrong. You can't give them notice to move-out prior to their lease term expiring.
Have you inspected the home since they lived there? Might be all kinds of other issues.
Do I have any rights as a landlord to force them to pay for these repairs? Or can I evict them for failure to maintain the property?
I think you'd have to be able to prove that the repairs are due to the tenant's neglect or abuse. I really don't see you being able to do that in this case.
And I agree that if you make the tenant responsible for fixes, they may not report problems, or they may put Draino down the drain which is really bad for pipes, and I think for septic systems, as well.
I'd sit down with them and nicely talk to them about what might be causing the problems. Perhaps you could print out a list of things that need to be done or not done that will keep the system working properly.
One of the problems we had with clogs, was those d*mn flushable wipes! They will seriously clog up pipes in no time. So, put "no disposable wipes, please" on your list. Unless they're just dense or obnoxious, they probably will be glad to help keep this from continuing to happen, too. Maybe they just need some education about what causes plumbing problems.
Then, when the lease is about to expire, look at how things are going and how much you're spending snaking the drains. You could at that point change the lease, or up the rent to cover the cost of monthly snaking of the pipes as a precautionary remedy.
Last edited by NoMoreSnowForMe; 11-12-2014 at 02:55 PM..
Their lease is up, they have been going month to month. It is a couple mid-late 40's and their 2 teenage children and one adult child that stays at the home when not in college. I would think people this age would know what should and should not be put in the drains/toilets.
I have not requested an interior inspection, I will ask the property manager to do so. I live on the west coast or I would do it myself. I did request after the hair ball incident that they be notified about cleaning hair out of the drain after showering. I don't know if it was ever done.
I also have their previous landlord's info, can I call him about possible plumbing problems he had? or am I only allowed to ask the standard questions (would you rent to them again, etc?).
I did not know if anyone had experience with GA renting laws, everything I read basically states that I am required to make the home livable, etc. There is nothing about what to do about tenants ignorance or negligence.
Don't assume they know what cannot go into the toilet/sinks. If they never had a septic system, they might not know.
You should specify: only human waste and toilet paper goes down the toilet, plus toilet cleaner. NO wipes, no kleenex, no female disposables of any kind, no paper towels.
As far as the sink, no oil or grease down the sink.
I have a feeling there is going to be more wear and tear on that house than you anticipate. Maybe ask the property manager for photos?
... Their lease is up, they have been going month to month.
... I also have their previous landlord's info, can I call him about possible plumbing problems he had? or am I only allowed to ask the standard questions (would you rent to them again, etc?).
I'm a little confused. What good would contacting their previous landlord do when they've already lived in your place for presumably a year since their lease has now gone month to month?
And since they're now on month to month - if you don't like the way they're treating your house then give them 30 days notice (or whatever GA law requires) to leave. And since they're on month to month, you can give them 30 days notice of your new repair policy.
By the way, you'll find GA landlord tenant laws linked in the first "sticky" on this forum.
Clogs are always the tenant's fault! Who else is putting crap down the drains!! We actually have a specific clause in special terms that states "Plumbing repair costs due to tenant cause/clog are the responsibility of tenant". Elsewhere even in standard terms it's clear that damage or repairs due to tenant neglect, failure to report promptly etc could be their cost, too.
I hope that you have a property manager who can do a good inspection every 6 months.............but I'm guessing you don't since in 2 years they have never advised you on actions you could have taken to avoid the whole situation.
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