All Forum Posts by: Alexander Rodriguez

I see where you are coming from, and you are right in the fact that I took a big risk in taking their word for granted. Thankfully this was the only issue. I did bring it up to the attorney, though two days before closing, I asked him if he can make sure none of the tenants have security deposits and written leases (I got that info from my realtor) and he said he doesn’t think so but he would check with the seller’s attorney. I didn’t hear back so I called back to confirm and he said there weren’t. He should’ve probably mentioned the estoppels at this point.

0 Votes

Hartford, Connecticut

Quote from @Chris Seveney:

Quote from @Alex Rodriguez:

I just purchased a multi-family rental property. The seller said they were all under oral agreements and no security deposits. After closing, one of the tenants said that they gave the previous (before this seller) a security deposit and that the seller recognized that their deposit was transferred to him. They have lost their written agreement with the seller, but they have a lease with the owner before the seller where they have a security deposit. We reached out to the seller but he stated he did not receive any deposits. Am I responsible for returning or to try to get their deposit? Or should they try to get it from any of the previous owners? The attorney is not getting back to us I guess he knows he is not getting paid to do the extra diligence.

Few questions:

1. Did you get estoppels?

2. Did you get copies of the leases from the owner for the current tenants?

3. Did you get copies of the financials including any funds held in escrow?

You are now going to be caught in a he said / she said situation where they could sue or file a complaint. If they have a lease that says there is a deposit, then most likely you are gonna be on the hook for it. You can try and go to the seller but its gonna be too late and cost you more to chase the money than what it is worth. The other factor is that money for how long they have been a tenant needs to be in an interest bearing account so you will have to account for that...

I did not get estoppels. I feel like this should be my agent’s and attorney’s fault frankly. They are hired to guide buyers through the process. I just learned that it exist and what it is for.

2. The seller said they had no written leases. Only one tenant came up with a Lease and it’s from the owner BEFORE the seller had the property. So two owners before me.

3. Not sure what financials you are referring to. The seller said they had no deposits.

I know this is a tricky situation. If they come up with a Lease from the seller I’m sure I can get it back, since he is a realtor and I can put a complaint if he was not honest. The thing is that there is only a lease from the owner before the seller had the property, so there is not really proof that the seller really had the deposit. So I’m not sure if I have to return the deposit? Or let the tenant figure it out? Can they sue me if there is no proof that the seller who sold me the house had a security deposit?

0 Votes

Hartford, Connecticut

Quote from @Ben Russell:

Also, just a story of note...

We were recently under contract on a duplex. During the inesption, it was found a drain snake was broken off in the sewer piping and the tenants reported previous backups. To remove the snake and fix the plumbing required demo of both the units bathrooms and removal of the concrete flooring (slab).

Curious under what circumstances led to the broken drain snake???!

I hear your story. You mentioned that your tenants reported previous backups, so they can argue that the issue was existing before. In my case, they claim just now that the issue started happened over a year ago. But just 3 weeks ago in the inspection, they said that the drain works perfectly fine! And signed it! It’s infuriating that they are trying to blame the landlord no matter what! And they have not been good tenants frankly

0 Votes

Hartford, Connecticut

Quote from @Alex Rodriguez:

I bout a property 1.5 years ago and inherited these tenants. That are bad and dirty tenants. I made the mistake of letting them stay. Anyway, one of the first things I did was to replace the bathroom ceiling, which was in bad state. This was 1.5 years ago. Now they are saying that since then, because the contractors didn’t cover the drain, dust got in and the tub has been slow moving. I just got the complaint today 1.5 years after the work was completed!.

I have this on my lease: "Tenant accepts the cost of clearing the drain of any and all stoppages within the property except those caused by defective plumbing, tree roots, or act of Nature or God." I offered the tenant to hire a plumber, but unless it’s a defective plumbing issue like corrosion, they will be responsible for the cost. She said it was unfair because there could be something that traveled from the tenants above them (it’s a 3 story 3 unit building). I don’t think that would be possible and told her that. She said it’s unfair because hairs can pass through the drain cover over time too. And lastly said that she will figure out how to fix it.

But I’m worried because I don’t know if it’s possible that she can break the plumbing trying to use a snake, or using too many chemicals? Should I hire a plumber and bill her (if it’s a clog) regardless of her not wanting to? Can I claim that not fixing it could cause more damage to the property?

I want to add that I made a inspection 3 weeks ago and they stated that there are no drain issues. They signed the inspection checklist where they state that the drains are in “good condition”

0 Votes

Hartford, Connecticut

Quote from @Bruce Woodruff:

Quote from @Alexander Rodriguez:

Quote from @Bruce Woodruff:

I think your reasoning is probably sound. It's probably on you to pay for the plumber one more time.....but if the plumber finds the clog is due to this tenant, then it should be on him IMO...

What if the plumber is able to push whatever is causing the clog through? Whose fault would it be then?

Then your problem is gone. I'd probably pay the plumber (Service call $100) and not worry about it. I'd send the tenant a written notice (email is fine) that clogged drains will be on them if caused by objects dropped in the drain.

It’s already in their lease that they are responsible for clogged drains. I should probably let them know that I can hire a plumber and unless it’s an issue in the main drain, or something with the pipes (corrosion, etc), they will be billed for it. I don’t know that I should make an exception, they are not that good tenants.

1 Vote

Hartford, Connecticut

Quote from @Bruce Woodruff:

I think your reasoning is probably sound. It's probably on you to pay for the plumber one more time.....but if the plumber finds the clog is due to this tenant, then it should be on him IMO...

What if the plumber is able to push whatever is causing the clog through? Whose fault would it be then?

0 Votes

Hartford, Connecticut

I bought a 3 unit up-down building about 1.5 years ago. One thing that I fixed was the ceiling in the bathroom of the second floor tenant. One month ago I made an inspection and tenant stated that there are no drain issues. The tenant signed the inspection. Today, I got a call from the tenant stating that since they fixed the ceiling the bathtub drain has been slow moving and is now clogged because they never covered the drain, according to them. I told them I would take a look at it.

However, I find it hard to believe that it can be caused by something that happened 1.5 years ago and they never reported any issues. I stated in the co tract that they are responsible for clogged drains if it’s their fault. That’s why I believe they claim that it’s my fault. I’m thinking that I don’t have a way to show that it’s their fault. If I hire a plumber and make them pay, will they know what caused the clog?

Or is there any chance that it could be caused by something that is not their fault? The other units don’t have drain issues, which makes me think that the main line is fine, so the clog must be on their end. Is my reasoning right?

0 Votes

Hartford, Connecticut

Quote from @Michael Smythe:

There may be more going on here.

Often, the mold may be INSIDE the wall and unless you address that - it will keep coming back no matter what you do.

Tough to have to take out the whole wall, but sometimes needed.

Also, check city requirements to make sure wiring the fan to the light is not a violation.

Another option is to replace the window with glassblock with a small vent that can be opened.

NEVER put blinds in a shower - they just rot! Instead,just put opaque film on the window panes.

Yes, tenants should have some responsibility to clean and alert you to issues they cannot easily address. Be sure to go over your lease carefully, so this is all spelled out legally.

When you say tenants should have some responsibility to clean and alert us, do you think I should charge them to fix it? Or partially? If it’s behind the wall I’m not sure if it’s their fault since they can’t clean, but also I could’ve fixed it sooner and prevented it from spreading.

0 Votes

Quote from @Othon Mendez:

Quote from @Alexander Rodriguez:

I bought a triplex over a year ago. One of the tenants, who seems to be clean, the times I have entered their property, had a window trim in her bathroom that was full of mold and kept spreading when she cleaned it. The window trim could not be fully cleaned, so I replaced the window trim and made sure the bathroom was very clean. I fixed the exhaust fan which had no connection to the outside, and her window works fine. Now one year later at an annual inspection the mold is almost the way it was in the beginning! I thought I had done everything I could to fix the issue. To start off, I think the tenant should have let me know sooner before it got this bad, am I wrong? And is this an issue I should fix? Is there anything that is my responsibility that can cause this? Or is this a tenant issue? Please help!

Your mosture is behind your wall. We seen this nagging issue in old apartments we have worked in. At some point when it got there it never “dried” properly and from then on any amount of moisture in the front will cause that. I know pvc is not porous but with temperature in the back side (inside the wall) the front will easily develop this. Option is to open the wall, treat, encapsulate but not with kills, use a product like fiberlock, but you MUST allow every step to dry well otherwise its all useless. Feel free to call me with any questions O.T. Mendez 210.749.1000

Thanks for the advise. Do you think the issue is in this part of the wall only? Because there is mold growing in other parts of the bathroom as well. Like this closet, and it’s hard to clean since it’s so deep inside.

0 Votes

Quote from @Kevin S.:

@Alexander Rodriguez

This is a pic of my bathroom. The window is only 18" from floor. No mold. Tiles all around the window. This is cheaper than replacing to smaller window or placing window higher.

Thanks for the advise. I’m actually considering this. The only thing is that I probably won’t be able to find matching tiles. They are older. Do you know if I do this, can I put a trim on top to hide the non-matching tiles? It’d be decorative only. Also, upon looking further (I went back) I noticed that mold is in other places of the bathroom, like the closet, which is hard to clean. The photo below is a closet.

0 Votes

All Forum Posts by: Alexander Rodriguez

Alexander Rodriguez has started 4 posts and replied 21 times.

Post: Seller didn’t transfer security deposits?

Post: Seller didn’t transfer security deposits?

Post: Who is responsible for clogged bathtub?

Post: Who is responsible for clogged bathtub?

Post: Am I responsible for tenant’s clogged bathtub drain?

Post: Am I responsible for tenant’s clogged bathtub drain?

Post: Am I responsible for tenant’s clogged bathtub drain?

Post: Tenant keeps getting mold in bathroom.

Post: Tenant keeps getting mold in bathroom.

Post: Tenant keeps getting mold in bathroom.