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Old 06-23-2016, 01:40 PM
 
Location: snowbirds Pahoa/Idaho
252 posts, read 657,053 times
Reputation: 251

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Hello,

Got a question, we have a property located in Hawaii that has a sluggish toilet. Home has (2) bathrooms only one toilet sluggish for about a week (other one worked fine) so not a uninhabitable issue but never the less we did want to fix it and find out why.

We are located in Idaho.. Hubby flew over to home to find out why sluggish and to fix the problem. So one of those last minute flight expenses. In Hawaii is very humid this time of year.. and the problem of the sluggish toilet was a rusted pipe so he will have to replace that section. He wanted to do it in the AM hours when the temps were cooler.

Hubby is not being able to work on the toilet issue and only around her time frame. She calls him and says OK I got a couple free hours you can come work on it for a few hours today. So its like at her beck and call.

What rights do property owners have to get access to the property so they can make the needed repairs.

Can we as owners say this is the time we will be there or do we have to wait until the tenant approves our time to be there?

Lease with her says this:

Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building.

So are reasonable times set by the Tenant or by the Landlord?

We want to get this job done so he can fly back home. Right now its like he is at her beckon call on how many hours a day he can work and when it will suit her.

The home is furnished and has all our belongings in the home (well I guess she has her clothes).

Just not sure what rights we have as the property owner...feels like we do not have any.

It does state this for Hawaii Laws -

Except in cases of emergency, landlords who want to enter rental property in Hawaii for the above reasons must give tenants at least two days’ notice of their intent to enter (unless the tenant agrees to a shorter time), and must enter only at reasonable times, such as weekday business hours.

Prior to him landing on the island everyday she was saying I want this fixed we need to get this fixed I cannot live like this.

So he fly's over and now he is at her beckon call as to when and what times he can enter to do the repair work?

The repair work needed to be done is OUTSIDE the home he does not have to enter to have access to the home the pipes they are located under the house.

Pretty new to this landlord stuff.

Last edited by 1freespirit; 06-23-2016 at 02:24 PM..
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Old 06-23-2016, 01:56 PM
 
Location: St Clair Shores, Michigan
214 posts, read 299,587 times
Reputation: 405
"Beck and call" is the phrase you're looking for.

That being said, it sounds pretty clear that he needs to give the tenant a two day notice of when he will be there to fix the issue. Many jurisdictions indicate what times are considered "reasonable" for work to be done - here, it's no earlier than 7am.
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Old 06-23-2016, 02:00 PM
 
Location: Raleigh
13,661 posts, read 12,341,234 times
Reputation: 20109
Quote:
Originally Posted by 1freespirit;44520532

Lease with her says this:

[B
Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building.[/b]

So are reasonable times set by the Tenant or by the Landlord?
Quit letting her jerk you around. Reasonable hours are generally accepted to be business hours, so between 8-6 or 9-5 or something. Common courtesy says give her notice, but don't ask her permission. "I will be there at 9:30 AM with my plumber."
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Old 06-23-2016, 02:16 PM
 
Location: snowbirds Pahoa/Idaho
252 posts, read 657,053 times
Reputation: 251
Quote:
Originally Posted by JONOV View Post
Quit letting her jerk you around. Reasonable hours are generally accepted to be business hours, so between 8-6 or 9-5 or something. Common courtesy says give her notice, but don't ask her permission. "I will be there at 9:30 AM with my plumber."

She says she works from home and thus she is giving him the times he can come.

She calls leaves a message on his cell this AM. OK I'm done with work for while today so you can come today for a few hours .. Then an hour later calls and leaves another message It's been one hour since I called and I have not heard back from you are you coming to fix the pipes? I really want this to get done.

She is a huge Drama Queen and I cannot wait until her lease is up. Hubby will be doing the plumbing work himself we hired a plumber already and he missed the rusted pipe part so hubby flew over to find out that the issue was.

He still has to get some parts for the job which he was going to do today and have everything ready so he can get in and then get out..

So he could for instance. Call her and say I will be there tomorrow at 9:00 AM?
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Old 06-23-2016, 02:35 PM
 
Location: 89052 & 75206
8,103 posts, read 8,284,205 times
Reputation: 19902
Quote:
Originally Posted by 1freespirit View Post
She says she works from home and thus she is giving him the times he can come.

She calls leaves a message on his cell this AM. OK I'm done with work for while today so you can come today for a few hours .. Then an hour later calls and leaves another message It's been one hour since I called and I have not heard back from you are you coming to fix the pipes? I really want this to get done.

She is a huge Drama Queen and I cannot wait until her lease is up. Hubby will be doing the plumbing work himself we hired a plumber already and he missed the rusted pipe part so hubby flew over to find out that the issue was.

He still has to get some parts for the job which he was going to do today and have everything ready so he can get in and then get out..

So he could for instance. Call her and say I will be there tomorrow at 9:00 AM?
Just text her and say he is coming in the morning and doesn't need access to the house. He will let her know when the work is completed. Then just go there and fix it.
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Old 06-23-2016, 02:42 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,210,254 times
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Assuming the pipe is cast iron, copper is only used for cold water lines not drains, is your husband really comfortable with cleaning and sealing the joints properly? I do most of my own repairs on my rentals and my personal home, I was a carpenter among other things before I stopped working, and I would never touch non PVC plumbing.

As for the notice the lease isn't the law but it is a good start. What does your state law say is required for notice? Most places waive notice requirements for requested repairs so keep that in mind.
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Old 06-23-2016, 02:57 PM
 
Location: snowbirds Pahoa/Idaho
252 posts, read 657,053 times
Reputation: 251
Quote:
Originally Posted by AZ Manager View Post
Assuming the pipe is cast iron, copper is only used for cold water lines not drains, is your husband really comfortable with cleaning and sealing the joints properly? I do most of my own repairs on my rentals and my personal home, I was a carpenter among other things before I stopped working, and I would never touch non PVC plumbing.

As for the notice the lease isn't the law but it is a good start. What does your state law say is required for notice? Most places waive notice requirements for requested repairs so keep that in mind.
Yes he is very comfortable doing the work. We both have been the ones doing all the work on our homes both ones we rent out and ones we live in. some have had Galvanized, Cast iron and also PVC. If we do the work ourselves at least we know if it done right one of those type things.

Noticed is for 2 days to gain access... but in this case we do not need access. But I think I will tell him to get the parts he needs and then let her know he will be there at X time either tomorrow or the next day to work on it and let it be at that.

I mean if a few hours less then 2 days what could she do to us? Want out of the lease?

Oh well...
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Old 06-23-2016, 03:06 PM
 
Location: 89052 & 75206
8,103 posts, read 8,284,205 times
Reputation: 19902
Quote:
Originally Posted by 1freespirit View Post
Yes he is very comfortable doing the work. We both have been the ones doing all the work on our homes both ones we rent out and ones we live in. some have had Galvanized, Cast iron and also PVC. If we do the work ourselves at least we know if it done right one of those type things.

Noticed is for 2 days to gain access... but in this case we do not need access. But I think I will tell him to get the parts he needs and then let her know he will be there at X time either tomorrow or the next day to work on it and let it be at that.

I mean if a few hours less then 2 days what could she do to us? Want out of the lease?

Oh well...
I have been a LL for 30 years. Go when he wants to. He is not going into the house. What are they going to do, sue you? You are being over the top waaaay too concerned with this issue of timing.
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Old 06-23-2016, 03:15 PM
 
Location: Phoenix, AZ area
3,365 posts, read 5,210,254 times
Reputation: 4203
Quote:
Originally Posted by 1freespirit View Post
Yes he is very comfortable doing the work. We both have been the ones doing all the work on our homes both ones we rent out and ones we live in. some have had Galvanized, Cast iron and also PVC. If we do the work ourselves at least we know if it done right one of those type things.

Noticed is for 2 days to gain access... but in this case we do not need access. But I think I will tell him to get the parts he needs and then let her know he will be there at X time either tomorrow or the next day to work on it and let it be at that.

I mean if a few hours less then 2 days what could she do to us? Want out of the lease?

Oh well...
You are too concerned with the timing. Hawaii law states unless impractical which would cover you. If the tenant has an issue with it they need to write you a letter to get you to stop the behavior so there isn't even a punishment really.
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Old 06-23-2016, 03:20 PM
 
Location: snowbirds Pahoa/Idaho
252 posts, read 657,053 times
Reputation: 251
She is such a ##S$% tenant. He is on his way over there now he just called me.

She just called him stating she wants it fixed now it is unsanitary and unhealthy for her to have to live like this blah blah blah. and she does not want him working on it when she is working. My gosh it's only a sluggish toilet it still works nothing is backing up just drains slow sometimes and sometimes it works just fine. She HAS another bathroom to use that works fine.

I do not see this as being anything unsanitary or unhealthy and its only been sluggish for about a week. She has had access to all the other plumbing the other bathroom toilet works just fine, she can do laundry, take showers etc.

Hmmm. Well Guess she will not have use for the few hours he is working on it. I am sure she is going to make a huge deal bout that also.

She is going to be a nightmare tenant.. I can just sense it. Not sure if we can make it with her till the end of her lease which is end of October. She also stated she wants to be there when he works on it so we do not go into the house. We have no reason to go in there but my gosh the house has all our belongings in it... everything she just had clothes in a suit case. Yes I know paying rent so legally she can say that but still.. going a bit over board don't you think or paranoid.

Could we cancel her lease with proper notice or are we obligated to stick it out with her?

Last edited by 1freespirit; 06-23-2016 at 03:33 PM..
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