What to do if anything... (lease, tenant, rental, deposit)

[1freespirit]

Hello,

We rent our our Hawaii cottage during the Summer months (5 months each year) during the time we are at our Idaho home.

We have never had a problem with the plumbing or issues with slow drains clogs lines in the past 8 years we have owned the property.

We do a walk through for each new tenant with a check list for every room, furnishings, appliances and we go through each item and show them how to operate and that all is functioning as they should inclueing all toilets, showers, drains etc.. In addition we let them move in about a week early at no additional charge. We rent lodging somewhere else during this time period. This gives the tenant ample time to ask questions and address any concerns prior to us leaving off island.

This time tenant moved in May 28th. (lease starts June 1st) did the walk through everything checked out fiine tenant signed check in doc's. No complaints or issues the whole time prior to us leaving the island and flying back to our idaho home.

About 5 days after we get back to our Idaho home tenant says that the toilets are flushing slowly. I tell them that maybe it just needs to be plunged (without going in there bathroom practices) as we have never had any issues in prior years with the plumbing at all.

A couple days later they call saying now neither one of the two toilets will flush. This was on a Sunday.

Now our lease does state the tenant is responsible to keep plumbing maintained at their expense. We opt'd to hire a plumber to go check out the system at our expense since I guess we were not sure what the clog was from maybe it just time for a clog. We called plumber to come out that Monday AM and while they did not have a camera they said there was a clog in the main line but was unsure what it was caused from but ensured us all was fine and lines were now running free and clear. We paid the plumbing bill of over $300 and let the tenant know that any future clogs on the plumbing would be at their expense.

Tenant contacts a couple days after plumber leaves and says master toilet seems to flush sluggishly and she feels there is still something not right with the plumbing. We then contact our island contact for the property and have him go out to check the toilets to see if they are functioning correctly and now pay him $50 to do that for us. He also comes back with the all clear.

I let tenant know both plumber and our contact both said all were functioning as they should and reminded them again any more clogs would be at their expense to remove.

Then the horror begins - Tenant keeps complaining that one toilet flushing sluggishly and it is not working properly. She lets us know she contacts a waste engineer and tells them about what she experienced and they say maybe it s a septic failure and they will come and inspect. She also mentions that she cannot live like this it is unhealthy and unsanitary conditions.. and she does not feel responsible and should have to live like this as the toilet is still not operating properly.

I contact plummer again and ask is he sure everything was functioning properly and did he run all the proper checks he once again says yes I do not leave a job until i am sure all is working properly and now plumber is getting upset with me because I have been asking questions regarding his work.

Tenant is still complaining about a sluggish toilet and something will flush other times not. I then let them know we will fly back to the island to see what is going on as you are mentioning cesspool failure and we have to know what is going on with our property as all the reports we have gotten back we get the all clear and will be there in a couple days. Tenant during this time before flight says not functioning properly and thanks us for coming to check it out and correct it.

We book a flight back to the island (husband goes) which is not cheap especially last minute flights such as this. Dropped off husband and the airport this AM when I get back from dropping him off I have a email from tenant that all seems to be functioning properly now but they are pleased that we will be checking it out to ensure such.. for a few days so they can rest at ease and that it concerned them when I said they would be responsible for any future clogs. Proceeds to say lets all move on from plumbing issues and leave all this behind us.

WT??? We have now just spent X amount of money for tickets to Hawaii, husband has not even landed yet and miraculously the toilet seems fine now??? We are out airfare, lodging expense, car rental and all the other expenses this caused this trip is going to cost us. Again our lease states the tenant was responsible for any clogs in plumbing after check list anyways we out of courteously paid for the plumber at our expense in the first place. Now on top of that we have all these other expenses for apparently no reason.

What recourse do we have if any? Could the tenant be liable for any of our additional expenses due to making up a plumbing issue?

I am beyond livid at this moment.

[rrah]

Simple answer--Highly unlikely the tenant is liable for any of your expenses related to traveling back to the island. Consider it the cost of being a long distance landlord.

[Diana Holbrook]

I don't think you can charge the tenant for your costs, but you can ask for them to leave your property with whatever notice your lease requires.

Is it a lease for the summer or month to month?

[1freespirit]

Lease is for 5 months starting June 1- Oct 31. (clog in pipe happened less then one week after move in)
Tenant does not want to move out per say.

Just so upset that she kept insisting the plumbing wasn't fixed properly when indeed it had been since we had the plumber go out there. Both plumber and our island contact said everything was fine when they went out to check.

She made up all of it about a sluggish toilet still happening etc. all of it was made up - she had us thinking it was our septic failing thus why we flew back over there.

I know probably nothing we can do about our expenses but at least now can relax knowing out septic has not failed.

Why are people like that? Whats wrong with some people? I guess there are many different types.

[Kim in FL]

This is all part of being a long distance landlord. Just because you never had issues doesn't mean issues won't come up out of the blue. I agree it's annoying, but you're the landlord...it's your job to maintain the property.


Are you having them pay the plumber? I find it unlikely that a tenant, who agreed to pay for repairs, is going to jack you and a plumber around for kicks. Does your lease clearly list items that are not to be flushed? I know common sense should prevail, but not too many people have that anymore.


You could have your dh look into property managers while he's there and let them deal with the tenant and repairs so you don't have to keep going back and forth. That's what we do..we have a local company who manages the tenants and the property, but gets the ok from us first. They are worth every penny we pay them...they get the complaint calls, we don't.


Stop letting them move in for 'free'...it's a nice gesture, but when the lease says June 1st...it means June 1st, not a week before, and if there's an issue (like this or worse) during that week you can't legally hold them responsible because the lease says the moved in after the fact.


When was the last time you has the septic tank pumped?

[JanND]

I'd be livid too. You should have (still should) made them pay for the plumber like your lease states.

I've heard some horror stories about property mgt. be very diligent if you decide to hire one.

And I certainly would keep all communications re: plumbing, in case you do decide to keep her deposit for this b.s. I think you might make a pretty good case at least for the plumbing costs, since that was supposed to be on her.

[SouthernSusana]

We developed "sluggish toilets, but it had nothing to do with the toilets. Lol. Human waste comes in different consistencies. My husband developed a bad case of "opoid constipation" because of pain killers he had to take. What passed was too hard and too large to easily flush.

A variation of this is probably what is happening. The waste product is clogging the toilet. It eventually takes care of itself in a few days. We, too, had the plumber out, which only solved the problem for the day. It only solved itself permanently when he no longer took the pain pills.

Unfortunately, this isn't a "solution" you can suggest to your tenant. I only mentioned it because it is possible that both you and your tenant are right: Your plumbing is fine, and the plumbing is sluggish.

[oregonwoodsmoke]

I'm pretty sure that a rental in Hawaii must use a property manager, by law. You might want to double check on that. In your case, an on-site manager would be a good idea, anyway.

[eureka1]

The State of Hawaii most definitely requires that you have an in-state property manager for reasons like your current situation. Since you're apparently delinquent in meeting that requirement you may need to consult a lawyer.

[Zippyman]

Look for a cheaper plumber - we've got a company here that will snake any drain for $50. Some plumbers here charge $300 for the same job.

Tip#2 costco dual-flush toilets are about $100 each & they work great.

Tip#3 "skiplagged.com" for airline tickets. Super big discounts on airfare.