Tenant moved to nursing home. Guardians slow/refuse to move out

[Kurt K.]

Hi everyone, I have a issue that came up this week.

I got a call from DHS stating that an elderly tenant of mine had been moved to a "home" as she was not able to take care of herself. They contacted her emergency contact, gave them the keys to the apartment so they could get in and remove her items.

I later got called saying that the "toilet needs to be fixed" before they can clean the place out. The elderly tenant had backed up the toilet, and continued to use it for some time. It is now a dry bowl with used toilet paper up say... halfway of the bowl. The guardians said that they can't move her things until I clean it out, or have the toilet replaced, and they became somewhat hostile about the issue.

Can they demand such a thing? I mean obviously I will be replacing the toilet when she is moved out anyway, but I also want to overhaul the entire apartment as it is very old. I don't want to get a new toilet put in then risk damage, and they have to remove the toilet for flooring anyway again. 

Above all, I don't think it is my responsibility to clean up for the tenant's mess so they can move her things out. They can either clean it up or wear a mask while they work in my opinion.

I am I being unreasonable?

[Patrick L.]

If it's a smell issue then have someone remove the toilet and plug the drain line, you're going to have to get that smell out of there sooner or later.  If they want a functioning toilet then I'd question the motives there.