MY FIRST TENANT HORROR STORY!! NEED ADVICE/HELP PLEASE

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MY FIRST TENANT HORROR STORY!! NEED ADVICE/HELP PLEASE

Joshua Boyce
Investor · Greenville, SC · Member since 2016 · 34 posts · 7 votes

I have a Section 8 tenant that has been a great tenant for 2 years.

Recently she's let the house go to crap and the final straw was a basement flood from her flushing tampons. It's caused what will be thousands in cleanup from the sewage and water backup. I had 2 cleanup companies come look at it already. 

Where do I go from here? Start the eviction process? File insurance claim and while evicting? Evict her then rehab the inside?

Did I mention I need a good property manager?

I'm annoyed but excited. I feel like I'm earning my landlord stripes with this one.

I'd really appreciate any ideas on how to handle this. Thank you

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Jennifer Donley
Rental Property Investor · Saint Louis, MO · Member since 2018 · 228 posts · 279 votes
5y

@Joshua Boyce, it's interesting to me that a good tenant went to bad in 2 years.  I haven't had this experience.  Good tenants stay good and bad ones never get better.  

Unfortunately, what you're dealing with isn't uncommon because unless you told her not to flush tampons down the toilet, tons of women do it even though they shouldn't.  

We put in our lease and rules not to flush anything but tp down the toilet.

I would file an insurance claim to get the clean up & rehab started and if you want to evict, start that process too at the same time.  Utilizing her renters insurance (if she has it) to cover the claim will require going against her liability and that will require the insurance company to investigate, which will take a long time.  So use your insurance to get it done ASAP cause you don't want that stuff sitting around.  Your insurance company can then subrogate against hers if she has it. 

Regarding getting her out - It may be easier to just have a conversation with her that she needs to move out so that you can fix the property.  Evicting her will take a long time and is tough to do in some places.  She may or may not go in which case you'll need to decide next steps but I promise you it's much less drama and money if you can just get her to leave without a court ordering it.

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  • Mary CroninPro Member
    Real Estate Investor · Crescent Mills, CA · Member since 2010 · 127 posts · 74 votes
    5y

    Does she have renter's insurance? (should be required of all tenants) File a claim with them. 

    Also she'll probably be thrown out of Section 8 - gives you leverage and you may want to contact them. 

    0Reply
  • Jennifer Donley
    Rental Property Investor · Saint Louis, MO · Member since 2018 · 228 posts · 279 votes
    5y

    @Joshua Boyce, it's interesting to me that a good tenant went to bad in 2 years.  I haven't had this experience.  Good tenants stay good and bad ones never get better.  

    Unfortunately, what you're dealing with isn't uncommon because unless you told her not to flush tampons down the toilet, tons of women do it even though they shouldn't.  

    We put in our lease and rules not to flush anything but tp down the toilet.

    I would file an insurance claim to get the clean up & rehab started and if you want to evict, start that process too at the same time.  Utilizing her renters insurance (if she has it) to cover the claim will require going against her liability and that will require the insurance company to investigate, which will take a long time.  So use your insurance to get it done ASAP cause you don't want that stuff sitting around.  Your insurance company can then subrogate against hers if she has it. 

    Regarding getting her out - It may be easier to just have a conversation with her that she needs to move out so that you can fix the property.  Evicting her will take a long time and is tough to do in some places.  She may or may not go in which case you'll need to decide next steps but I promise you it's much less drama and money if you can just get her to leave without a court ordering it.

    2Reply
  • Christen G.
    Rental Property Investor · Seattle, WA · Member since 2017 · 383 posts · 248 votes
    5y

    For sure contact her Section 8 case-worker - ours here like to be kept in the loop on going's on and maybe they can help her find a new place to live while you do the (insurance) clean-up. They may also help you place the next tenant. Good luck!

    0Reply
  • Mary M.
    Rental Property Investor · Portland OR · Member since 2018 · 2k+ posts · 3k+ votes
    5y

    First, unless it is in your lease,  and more specifically you had a conversation and told her to not flush anything except TP,  I cant see how you can evict her for this. Second, contact your insurance company and have them take care of the clean up.  If she has renters insurance she will get her ruined stuff paid for, a place to stay while cleanup is happening etc.    If you have good insurance you wont be out anything except perhaps your deductible. 

    IMO this is not an evicting situation. Learn from this and be a better LL....   

    (I had something similar happen altho it was guys not reporting a small toilet blockage that ended up costing me 25k - luckily my insurance covered it all.)

    1Reply
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    5y

    @Mary M. He said she let the house go and the basement was just the final straw. She's been there for 2 years, so I don't think he's just kicking her out on a whim.

    an adult woman should know that tampons do not get flushed down the toilet. The damage was caused by the tenants abuse of the sewer system and she should be held liable for the renovations. She is Section 8 and probably cannot afford the repairs and it's unlikely that she has renters insurance.

    I would communicate with the Section 8 caseworker to see what your options are, but my first inclination would be to get rid of her as quickly as possible.

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  • Steve K.
    Realtor · Boulder, CO · Member since 2016 · 3k+ posts · 5k+ votes
    5y

    @Joshua Boyce I would not get insurance or a restoration/cleanup company involved in this. They will play a game where the restoration company charges a ridiculous amount to clean it up, involving all kinds of bogus proprietary chemicals (bleach labeled something fancy) PPE/hazmat suits, hazardous materials removal protocols, extreme overkill, removing all the sheetrock, carpet and baseboard, etc. knowing the whole time the insurance company will beat them down to about half their original price, and the end result will be a giant hassle where you end up paying for it all through an increased insurance premium from having made the claim. Just clean it up yourself (or hire a handyman or something if you can’t do it), take what you can out of her security deposit, find a better tenant and a good PM to take over and move on.

    2Reply
  • John Mocker
    Insurance Agent · Norwalk, CT · Member since 2016 · 2k+ posts · 1k+ votes
    5y

    Joshua,

    I think you need to report the loss to your carrier.  The issue is sewage (contamination) and water damage (mold).  If you attempt to clean it up yourself or use a non-specialist you stand the risk of an issue in the future.  If you do not report it, it is possible that ensuing damage you find later may not be covered.  

    I have had good experiences with Remediation companies.  Belfor Property Restoration is a national one that has handled several claims for my clients.  You could also check to see who other owners have uses and who your agent recommends.

    Just because you start a claim with your company, you are not prevented from also putting a claim in if you find that she has coverage.   You just need to let your Insurance company know that you have done so.

    1Reply
  • Greg M.
    Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    5y
    Originally posted by @Mary M.:

    First, unless it is in your lease,  and more specifically you had a conversation and told her to not flush anything except TP,  I cant see how you can evict her for this. 

    So basically you expect every possible stupid thing a tenant could ever do to not only be in the lease, but also to have been discussed with them? 

    I'd really like to evict you, but I didn't included in my lease that you couldn't practice amateur bomb dismantling inside the unit. Guess you get to stay...

    Intentional acts that a reasonable person would know not to do, which cause damage should be enough to get someone evicted. I know you can't flush tampons and I've never used one in my life. 

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