Overtaxed Rental Septic?

[noisefrazzle]

What is the name of your state? CT

Good morning, everyone. Couple of quick questions that I cannot seem to get answered just by reading the law.

Rental cottage on property. In the last month the tenants have 1) potty trained their toddler (I know cause he came running over to tell me, so cute!) 2) had a new baby and been doing the amount of wash that comes with a new wee one. 3)had non stop overnight guests because of the new baby. Guests stayed one week and these here now are hunkering down for two. Also in that month, septic system that was pumped and tested not long ago has overflowed twice. I'm no expert but I think the system is being overused, especially with a newly trained child who may not have the toilet paper finesse down Not anybody's fault, just the way it is. Anyway, my questions:

- what is the law pertaining to new babies in a house counting as extra people who are not on the lease?

- if the septic experts can confirm that it is being overused and is too small for a family, can I legally end their lease?

- if the septic is shot and needs to be replaced, I am happy to do that. I'm also assuming I would need to pay for the tenants to go elsewhere for a couple of days while the work is done. Again, no issue there. What I am concerned about is that one septic guy I talked to said most companies won't replace septics in the winter, due to the frozen ground etc. I have no idea if this is true but if it is, what, legally, am I obligated to do with my tenants? If the place is uninhabitable through the spring thaw because of the faulty septic, am I within my rights to end their lease? Offer them a buy-out? I really have no idea. I don't want to chase them out, but neither do I want to be constantly dealing with a septic issue.


Thanks in advance! NF

 

[johnd]

If your lease specifies the number of tenants allowed, and the newborn is not on the lease, there is a breach. It would be a hard sell eviction, as a landlord evicting a tenant only because of their newborn...unless you can establish a hardship (overtaxing septic, quiet enjoyment, etc.)

 

[Cvillecpm]

This is an issue of EDUCATION>>>>

Task tenants with installing the "enzymes" that assist in bacteria generation in the septic system - you can get at Lowe's AND have them pay for future pumping.

I suggest the problem is the frequent washing not the toilet useage and you need to suggest that they use detergent that is specific to septic systems.

Next lessees, make a special septic addendum to your lease with instructions on the "care and feeding" of the system for their health and safety.

 

[johnd]

- if the septic experts can confirm that it is being overused and is too small for a family, can I legally end their lease?

Yes, but you may only legally (as opposed to illegally or constructively) evict them. Care must be taken. That's fine if you can establish that the septic is too small...but you're liable for any tenant damages if you cannot prove the septic is adequate for all tenants except the newborn.

Perhaps some simple dialogue would be in order. Ask your tenants to curtail water consumption and to not waste any water. See if that solves the problem.

Then live and learn: have your future leases stipulate the allowable number of tenants and tenant liablity for all water/sewer charges.

 

[noisefrazzle]

Thanks John! I would never evict someone over a new baby unless it was a situation like this...I don't know if the system is being hurt from their activities. In a mild panic here, honestly. I don't know much about septics.

Just adding....my leases on my other properties do specify # of tenants and overnight guest limitations. However, these folks and their existing lease came with the property when we bought it.

 

[Cvillecpm]

Deliver them a "new baby"...gift basket with proper detergent and spetic additive and instructions...make it so that they understand that tasking the system is both dangerous and unhealthy.

Don't evict over this issue unless their "guests" are staying longer than allowed in your lease....my leases allow visits of no longer than 10 days in any 365 days. Don't open a can of "fair housing/familial status" worms by evicting them.

 

[noisefrazzle]

Deliver them a "new baby"...gift basket with proper detergent and spetic additive and instructions...make it so that they understand that tasking the system is both dangerous and unhealthy.

Don't evict over this issue unless their "guests" are staying longer than allowed in your lease....my leases allow visits of no longer than 10 days in any 365 days. Don't open a can of "fair housing/familial status" worms by evicting them.

thanks Cville, yeah these issues are my concern. I don't try to cut legal corners when it comes to landlording.

the problem is, the original lease is a one page nightmare that does not specify a thing about guests (again, not my lease). And, they are not having the same guests, different people have been showing up each week and hanging out through the week to spend time with the baby.

 

[johnd]

Thanks John! I would never evict someone over a new baby unless it was a situation like this...I don't know if the system is being hurt from their activities. In a mild panic here, honestly. I don't know much about septics.

Just adding....my leases do specify # of tenants and overnight guest limitations. However, these folks and their existing lease came with the property when we bought it.

You're welcome noise. I would also be careful about advertising the fact that you "don't know much about septics." You really don't have to, as long as there are no problems. If you have a service that treats and maintains the facility, the onus becomes that of the servicing company. Either way, it sounds unprofessional, and you, as the landlord, have now voluntarily undertaken the job of "knowing about septic", or, at the very least, hiring a professional that does.

In Wisconsin, the laws are very strongly tipped towards tenants, as in the words of the Supreme Court "The tenant must rent", whereas the landlord does not. I am not in any way saying that this rule applies to you noise, but as a general adage, Judges do not like hobby landlords that overlook their tenant's rights.

Some free advice: curtail this problem before it becomes a health concern, or causes expensive damage to the system. Good luck.

 

[johnd]

the problem is, the original lease is a one page nightmare that does not specify a thing about guests (again, not my lease).

There are document review contingencies that, as addendums, become part of the purchase contract. I'm not trying to pour salt on a wound, but you accepted that lease as part of the purchase contract. For future reference, review all leases prior to closing, and have seller modify to your liking, or do not close.

 

[FarmerJ]

talk to a local septic co about adding a heater to the tank to help promote break down of matter, I ve seen online ads from firms that sell them and that might be the thing to do, some of the group homes where I work have had multiple problems with septics due to overload and a slime condition called matting wich occurs in systems that are not so healthy or being abused . Also you may need to search the county records for when that system was installed to learn about the capacity it has. AS far as over night guest go you may have to see if you can get the tenants to limit those stays or agree to pay for pumping. Search on septic system care , you may have to print up what you find and give it to the tenants and make them understand that if they dont do a better job of helping to take care of the system that you will have no choice but to take them to court, Your lease does at least say that they have to take reasonable care of the home doesnt it? Also how many months left to go on the lease before you are able to present them with a new lease? BTW if you decide to try to get them to move out you know paying them to move just may do it . but if they wont do it beware they may well contact your county about the problem, sad to say if the county condemned the system they would have no choice but to move.

 

[noisefrazzle]

There are document review contingencies that, as addendums, become part of the purchase contract. I'm not trying to pour salt on a wound, but you accepted that lease as part of the purchase contract. For future reference, review all leases prior to closing, and have seller modify to your liking, or do not close.

No worries, no salt, I appreciate your advice. I will admit my ignorance, though. I did review the lease and CT law before putting in an offer on the place (we were landlords in RI only before this) but was under the impression from the law that the lease runs with the property and there is no way to change or modify that. Good to know there are opportunities to do that.

 

[johnd]

No worries, no salt, I appreciate your advice. I will admit my ignorance, though. I did review the lease and CT law before putting in an offer on the place (we were landlords in RI only before this) but was under the impression from the law that the lease runs with the property and there is no way to change or modify that. Good to know there are opportunities to do that.

Well, assuming the tenant so agrees. I did not write this, but if the tenant has an enforceable lease, he is of course not obligated to sign a new one just because a buyer comes along. But there are always several ways to persuade...

Sounds like you will soon have the issue under control.

 

[neontigress]

Septic system addendum

I was wondering if anyone has a copy of septic system addendum. Thanks

 

[FarmerJ]

Neon by chance did you notice the dates of this thread you found and posted to? it was from feb 2007, its a dead and likely settled issue. If you cannot find what you need a new post of your own would be a better choice than necro posting. ( reviving very old threads)