Broken Sewer Line

[Rosalie DiPietro]

On Saturday, 6/29, in the late afternoon, for the second time within two weeks, the sewer trap was backing up....thank God for leak sensors.  Contacted sewer company with whom I have a contract /insurance again.  The came and this time did a video inspection....the sewer line is broken.   The sewer company tells me that it's covered however, they need to file for a permit to dig through the NYC DEP (manages the water and sewer lines) on Monday morning, citing that it may take several days.   

This is a two family, tenant occupied property.  I had to tell the tenants that they could not use the faucets/washers/toilets otherwise the sewage would back up onto the basement floor.  They went to go stay with their nearby relatives but I do see them coming in/out of the house through the security camera.   The apartment is inhabitable, just no water/toilet access.

Luckily, the permit was issued by late Monday afternoon.  However, there were other jobs ahead of mine and water leaks are a priorty over broken sewer lines.  After waiting another day, on Tuesday I was told that the repair would be made on Friday, 7/5....the July 4th holiday added to the delay.

My tenants have been understanding.  This situation was beyond my control and I took quick, aggressive action.  My tenants know that when they call me with an issue, I act swiftly to resolve the problem.  One tenant however, did refer to having their rent pro-rated by the number of days that the situation would last.

There is a clause in both their leases that they are responsible to carry renters insurance to protect their personal belongings against fire, theft, flood, loss of use etc.  However, none of them purchased it.  I'm wondering now if I should manate it....that's another issue.



What would you do?

[John Clark]

Quote from @Rosalie DiPietro:

On Saturday, 6/29, in the late afternoon, for the second time within two weeks, the sewer trap was backing up....thank God for leak sensors.  Contacted sewer company with whom I have a contract /insurance again.  The came and this time did a video inspection....the sewer line is broken.   The sewer company tells me that it's covered however, they need to file for a permit to dig through the NYC DEP (manages the water and sewer lines) on Monday morning, citing that it may take several days.   

This is a two family, tenant occupied property.  I had to tell the tenants that they could not use the faucets/washers/toilets otherwise the sewage would back up onto the basement floor.  They went to go stay with their nearby relatives but I do see them coming in/out of the house through the security camera.   The apartment is inhabitable, just no water/toilet access.

Luckily, the permit was issued by late Monday afternoon.  However, there were other jobs ahead of mine and water leaks are a priorty over broken sewer lines.  After waiting another day, on Tuesday I was told that the repair would be made on Friday, 7/5....the July 4th holiday added to the delay.

My tenants have been understanding.  This situation was beyond my control and I took quick, aggressive action.  My tenants know that when they call me with an issue, I act swiftly to resolve the problem.  One tenant however, did refer to having their rent pro-rated by the number of days that the situation would last.

There is a clause in both their leases that they are responsible to carry renters insurance to protect their personal belongings against fire, theft, flood, loss of use etc.  However, none of them purchased it.  I'm wondering now if I should manate it....that's another issue.



What would you do?

 Insurance won’t cover it. Insurance will cover damage to their possessions, but you are talking about inability to use the apartment, not their possessions.

Lack of water/sewer service means the apartment is uninhabitable. Period. Pro-rate the rent and save yourself a lot of grief from an issue you would surely lose.

[Chris Seveney]

@Rosalie DiPietro

I disagree with the other post. If the home is uninhabitable which it is, renters insurance could cover other housing - similar issue if it was a flood or fire damage. Their insurance could cover this.

Also check with your insurance to see if you have lost rent included in your coverage as well?

[Owen Rosen]

Quote from @John Clark:

Quote from @Rosalie DiPietro:

On Saturday, 6/29, in the late afternoon, for the second time within two weeks, the sewer trap was backing up....thank God for leak sensors.  Contacted sewer company with whom I have a contract /insurance again.  The came and this time did a video inspection....the sewer line is broken.   The sewer company tells me that it's covered however, they need to file for a permit to dig through the NYC DEP (manages the water and sewer lines) on Monday morning, citing that it may take several days.   

This is a two family, tenant occupied property.  I had to tell the tenants that they could not use the faucets/washers/toilets otherwise the sewage would back up onto the basement floor.  They went to go stay with their nearby relatives but I do see them coming in/out of the house through the security camera.   The apartment is inhabitable, just no water/toilet access.

Luckily, the permit was issued by late Monday afternoon.  However, there were other jobs ahead of mine and water leaks are a priorty over broken sewer lines.  After waiting another day, on Tuesday I was told that the repair would be made on Friday, 7/5....the July 4th holiday added to the delay.

My tenants have been understanding.  This situation was beyond my control and I took quick, aggressive action.  My tenants know that when they call me with an issue, I act swiftly to resolve the problem.  One tenant however, did refer to having their rent pro-rated by the number of days that the situation would last.

There is a clause in both their leases that they are responsible to carry renters insurance to protect their personal belongings against fire, theft, flood, loss of use etc.  However, none of them purchased it.  I'm wondering now if I should manate it....that's another issue.



What would you do?

 Insurance won’t cover it. Insurance will cover damage to their possessions, but you are talking about inability to use the apartment, not their possessions.

Lack of water/sewer service means the apartment is uninhabitable. Period. Pro-rate the rent and save yourself a lot of grief from an issue you would surely lose.

If they had purchased renters insurance with loss of use/additional living expenses this could be a covered loss for them.  That said, deductible would likely be $500 or more so how many nights would they need to get a hotel for instance and what would it cost?

That said, renters insurance absolutely should be mandated because it's NOT just for the tenant and many tenants don't even realize what it covers.  I'd offer an easy online solution if they don't want to use their own provider.

If a tenant can't afford renters insurance can they afford to replace their clothes, furniture, electronics, stay in a hotel, etc.?

I'd 

[John Clark]

Quote from @Owen Rosen:

If a tenant can't afford renters insurance can they afford to replace their clothes, furniture, electronics, stay in a hotel, etc.?

Your problem is that if the tenant has to stay in a hotel, it's the landlord's apartment that's unavailable. The landlord would have to pay unless the tenant was responsible somehow, which isn't the case here.

[Owen Rosen]

Quote from @John Clark:

Quote from @Owen Rosen:

If a tenant can't afford renters insurance can they afford to replace their clothes, furniture, electronics, stay in a hotel, etc.?

Your problem is that if the tenant has to stay in a hotel, it's the landlord's apartment that's unavailable. The landlord would have to pay unless the tenant was responsible somehow, which isn't the case here.

 Not sure what you mean by this

[Danny Rodriguez]

I would cut the rent in half for that month and than inform them about getting insurance for the future. Next time you get new tenants, you can tell them about this situation and than let them decide whether they want insurance not. Tho you told your current tenants  about the insurance before, if you would’ve gave a scenario like the one you’re dealing with now than maybe they would’ve gotten a clearer understanding and gotten the insurance. I say this assuming you have good tenants that always pay. What I recommend is probably not good business practice (profit wise)  but i always build great relationships with my tenants ( also they always paid) and I had many over the years. 

[Adam Michael Andrews]

Let's see what renter's insurance comes back with before discussing proration. What's that, you don't have it? It's in the lease. That's one conversation.

Since the situation is out of both of your control, I would propose full credit for the days between incident and scheduling with the city, and split city scheduling delay days 50/50. That's pretty generous considering they chose not to carry renter's insurance.

[Colleen F.]

@Rosalie DiPietro  it is uninhabitable without sewer prorate those days regardless of renters insurance.  They should not pay for days they couldn't live there. 

[Theresa Harris]

Their insurance may cover it, but they are still out the deductible. Honestly, I'd prorate their rent for the number of days they couldn't live there though I think offering to pay half if they don't have renters' insurance is also reasonable.