basement drain backup = no rent? - Landlord Forum thread 345094

basement drain backup = no rent? by Samsa (Michigan) on May 21, 2016 @13:14

Ive got a drain in a basement that appears to be backing up every time the tenants use the washing machine or shower. I had sent someone I know to snake the drain and they reported that there was some "organic matter" in the drain that may have come from the main backing up from heavy rains we had. About 2 weeks later the tenants reported the issue again but I was not able to respond to their emergency call within 3 hours, so they called a roto rooter to come out and snake the drain.

They asked to have the cost of the repair taken off the rent, which i accepted, but also told me that the rooter guy had taken a camera down the drain and discovered the drain is broken someplace farther from the house near the street. They have agreed to send me the video but have also stated that until the pipe is dug up and fixed they will refuse to pay rent when and if it floods again if I dont take action within 1 week of this find. Whatever the problem is, it does appear that the tenants cant shower or wash clothes without flooding the basement however I am not convinced it isnt something to do with them yet.

Their time will be up soon and I may choose not to carry on renting the house to get this sorted out on my time. Are they within their right to deny me the payments until the issue is resolved or the guilty party discovered?

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Re: basement drain backup = no rent? by Anonymous on May 21, 2016 @13:30	[ Reply ]

Uh? You are the guilty party. Its your broken drain! It's your responsibility to fix it asap. How do you believe the tenants broke the drain line near the street? Come on and do the right thing and fix it pronto.

Re: basement drain backup = no rent? by Garry (Iowa) on May 21, 2016 @14:08	[ Reply ]

You need to get ahold of that video ASAP and see what it shows. Its highly unlikely that the T is doing anything wrong. This may be just one of those unfortunate events that happens, and may cost you several thousand $ to repair. Yes, they have the right to withold SOME rent until you give them a habitable unit again. But only an amount commenserate with what they cannot use in the home. The unit must be totally uninhabitable, and they must not stay there if they want to withold the entire rent. In my opinion, witholding half the rent for each month (If they are staying there watching TV, on their computers, or sleeping or eating there), that would tell me the property is partly inhabitable. That all being said, you really should schedule maybe another company to scope out the sewer, and schedule a company to come in and dig up and replace the sewer, or at least the part of it that may be collapsed. You may want to allow the tenants out of their lease early, before one of you decides to file a law suit against the other. Remember, this is the LLs responsibility unless or until you can PROVE the T is negligent in some way.

Re: basement drain backup = no rent?

They may have to pay their rent to the court by Kathleen on May 21, 2016 @20:21	[ Reply ]

At least in my state they do. Ts cannot just with old rent on their own say-so. Then, when the issue is repaired the court releases the monies. In my jurisdiction (CA), judges are very pro landlord. T claims house uninhabitable? Why didn't you move? Didn't pay rent for six months and claiming you can't afford to move? What did you use the rent money for?

Re: They may have to pay their rent to the court

Re: basement drain backup = no rent? by Anonymous on May 21, 2016 @22:17	[ Reply ]

http://www.ewashtenaw.org/government/departments/community-and-economic-development/human-services/BB/bb-resources/mtcp/withholding-rent

Re: basement drain backup = no rent? by Katiekate (New York) on May 23, 2016 @18:27	[ Reply ]

There is simply no way that this repair is cause for them to hold up the rent. So long as you get that drain opened quicky each time it clogs.. They have no legal leg to stand on. Even if they had a legit reason (which this isn't) they must put the rent into escrow account and provide to you proof that they did, and proof that the account is held in both names (yours and theirs) so that they cannot just close it and grab the money. But, this isn't a case that warrants that action. Now, obviously you want this really fixed long term. It is going to get real pricey to keep paying roto rooter every couple weeks.

Re: basement drain backup = no rent?