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

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

Investor · in, MI · Member since 2013 · 226 posts · 102 votes

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?

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Real Estate Investor · Saint Petersburg, FL · Member since 2013 · 1k+ posts · 951 votes
11y

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.  

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  • Investor · Dallas TX, United States · Member since 2014 · 1k+ posts · 1k+ votes
    11y

    At first glance I thought that sounded unreasonable then I started to think about the horrific smell that might be in that unit.  If the aweful smell is lowing down my unit turnover and I need to fix it anyway, then I would get on it pretty quickly. 

    It is amazing how often a bad attitude from someone can get my stubborn to fully engage, but in this case, as a detatched spectator, I would hire someone to clean it. 

    I hope that helps

    Josh

  • Investor · in, MI · Member since 2013 · 226 posts · 102 votes
    11y

    Thanks I appreciate your view. I was thinking the same thing of myself. It's often difficult to tell who is in the wrong when you are attached to the situation.

  • San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
    11y

    You have no obligation to these people as tenants.  Frankly, I wouldn't fix it.  Sounds like they want to stay there, and they can't do that comfortably with a backed up toilet.  Hopefully, this makes them get it cleaned out faster.  Tell them where the nearest public toilet is.  Then find out what you need to do to take over the unit asap.

    I'm just afraid if you fix that toilet, they will become occupants and you have to evict them, too.

    Maybe you can offer to have movers put the stuff in a storage locker?  That would be easier/cheaper than evicting these "guardians."

  • Real Estate Investor · Saint Petersburg, FL · Member since 2013 · 1k+ posts · 951 votes
    11y

    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.  

  • Investor · Raleigh, NC · Member since 2015 · 11 posts · 5 votes
    11y

    There ya go, pull it and plug it.

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