Tenant failed to report sewer issue

[Casey Crotty]

Hello all - I have a situation and would like some advice. First some background: I own 6 duplexes and 1 SFH in Fort Wayne, IN. Recently a tenant moved into one of the duplex units. Almost immediately there were sewer blockages due to feminine products, which backed up into the basement. The first two times this happened I got notice and had a plumber out within a couple of hours to repair it. The line was cleared, the basement sanitized, and things were normal. The tenants (both) were warned that if it happened again, they would be billed for the plumber visit (note: both tenants are female, but I have my suspicions about who is flushing products).

Well, surprise surprise, it happened again EXCEPT this time the tenant (the one I believe is flushing products) called Code Enforcement instead of calling me.  On top of that, they called CE 3 days ago, letting the sewer continue to back up into the basement AND not notifying me of the CE citation, which obviously also limits the time I have to comply.

Obviously the tenant has rights to a habitable unit, but what if they don't notify me of issues?  What about withholding a legal notice to me from CE for three days?  Can I say that there is "willful damage" due to withholding the notice and not being able to clear the pipe, which also means the tenant could have put the other tenant at risk?

This tenant has been an issue from Day 1 and I expect nothing but more problems.  I want to evict, and will be giving her a 10-day notice due to non-payment of rent (once we can do that due to COVID) but would also like to include some other rationale for eviction so even if she does come up with rent, I can evict.  In IN, "willful damage" is a consideration for an Immediate Quit notice, but I would think that withholding a legal notice from the city would also have some bearing.

Thanks to everyone for your input!

Casey

[Jeremy Tillotson]

@Casey Crotty is your unit registered with neighborhood code. If it is then neighborhood code has to notify you via mail of all issues. If it is not registered it is free to do so, it is a requirement not to mention just a great idea so you do  get notified. While I understand your frustration I would be careful that the tenant can not construe that you filed eviction because they called neighborhood code. I would further recommend you talk to a lawyer before filing an eviction. Perry Law is a great resource of you need a local law firm they are some of the best in landlord-tenant issues.

https://www.cityoffortwayne.org/latest-news/4879-city-partners-with-indiana-legal-services-brightpoint-and-volunteer-lawyer-program-to-prevent-evictions-and-homelessness.html