I own a four unit dwelling in New Jersey. One of the units (ground-floor) includes the basement in its living space. De facto this also includes the utility room, which is a separate room in the basement (the door does not lock). Due to the floods, the water heaters' pilot lights went out and I had to send a repairman over to relight.
However, the ground-floor tenant has been doing some reading and has come to the conclusion that he doesn't feel safe having his family right above this equipment, so he turned off all the water heaters. He's asking that they either be replaced entirely or that the controls be replaced. My insurance should cover this, but in the meantime the whole building doesn't have hot water. I told him he doesn't have the right to make that decision and to turn the units back on, but he's not listening.
Rental Property Investor · Gilbert, AZ · Member since 2020 · 210 posts · 163 votes
5y
@Alex Reamon, interesting situation. I would start with saying that you just had a repairman service the units and that they are in safe working condition, which might provide some peace of mind. You also read through your lease and see if there is anything in there that would could reference to help, but I'll say it's a unique situation that you may not find much help in your lease on.
Also, I'm unclear how your insurance would cover the full replacement of the water heaters if they weren't damaged beyond repair?
Real Estate Broker · Northeast PA · Member since 2017 · 2k+ posts · 2k+ votes
5y
Here in PA, if a gas-fired water heater gets flooded/wet, the ignitor, gas valve and other parts must be replaced. Go directly to the building/zoning/permit office and ask for them to answer that question. You can also contact your natural gas supplier and inquire.
But whatever you do, get this issue resolved ASAP. Court papers usually say the owners "know, or should have known..."
Real Estate Broker · Rochester Hills, MI · Member since 2009 · 2k+ posts · 2k+ votes
5y
Get it in writing that the systems are fine from your contractor. Lock out access to this room. This is also a health and safety issue meaning you are required to provide hot water to the units by law. He is interfering with this you may be able to get an eviction (I know, your in Jersey so maybe not) rolling based on health and safety issue. Might even be able to get the city to stop by and talk to him as he is interfering with health and safety codes that the city has in place. Or just get the city to come out and inspect and give the thumbs up.
Rental Property Investor · Laurel, MD · Member since 2016 · 378 posts · 382 votes
5y
@Alex Reamon Get the water heaters back on, lock the door and tell the tenant to provide you with their move out date. Otherwise he can shut up and deal with it. You need to take control of this and let the tenant know you're in charge! Good luck!