Refusal of plumbing service unless paid by homeowners

[Bshk]

What is the name of your state? Indiana

People who are renting our home has a plumbing issue in the basement (clogged drain). The cost is in the mid 2000 dollar amount for a repair as it appears to have foreign objects flushed down causing a drainage issue. Partial repair was done finding that the cause was flushing improper objects down the toilet. Then, pump was beginning to malfunction needing a repair due pressure issue.
Everything was underway until renters refused service due bill being too costly, therefore imposing the repair cost on the homeowners.
This issue was held off for 3 days until the renters contacted health department because of smell and worry of getting sick due to air contamination.
Homeowners argument is that renters having caused a problem should be responsible for the repair and should keep the home in an utmost condition. Therefore, is not responsible for the repair bill, while the health department mandates utmost living condition for the renters so that homeowners have to continue with the repair work by next week. If not, then health department will hire someone to do the repair and impose the cost to the homeowners.
Renters having contacted health department and having done partial repair to the home, refuses to pay any of it and will not pay, while demanding a full repair of flushing down foreign objects. Repairers will not continue service until bill is paid. They will not admit to flushing down foreign objects, regardless of having a prior repair history back in December of 2024 by the same company that did the repair, of having removed foreign objects from the toilet drain, repairing of sump pump, battery, flooring and carpet. Todays partial repair in may, we are declining to be responsible over foreign objects having been found again in the toilet drain.

 

[quincy]

What is the name of your state? Indiana

People who are renting our home has a plumbing issue in the basement (clogged drain). The cost is in the mid 2000 dollar amount for a repair as it appears to have foreign objects flushed down causing a drainage issue. Partial repair was done finding that the cause was flushing improper objects down the toilet. Then, pump was beginning to malfunction needing a repair due pressure issue.
Everything was underway until renters refused service due bill being too costly, therefore imposing the repair cost on the homeowners.
This issue was held off for 3 days until the renters contacted health department because of smell and worry of getting sick due to air contamination.
Homeowners argument is that renters having caused a problem should be responsible for the repair and should keep the home in an utmost condition. Therefore, is not responsible for the repair bill, while the health department mandates utmost living condition for the renters so that homeowners have to continue with the repair work by next week. If not, then health department will hire someone to do the repair and impose the cost to the homeowners.
Renters having contacted health department and having done partial repair to the home, refuses to pay any of it and will not pay, while demanding a full repair of flushing down foreign objects. Repairers will not continue service until bill is paid. They will not admit to flushing down foreign objects, regardless of having a prior repair history back in December of 2024 by the same company that did the repair, of having removed foreign objects from the toilet drain, repairing of sump pump, battery, flooring and carpet. Todays partial repair in may, we are declining to be responsible over foreign objects having been found again in the toilet drain.

Have you filed a claim with your homeowners insurance?

As the homeowner/landlord, you are responsible for making the necessary repairs and you can later (attempt) to recover these costs from the tenants. It might take a lawsuit.

 

[adjusterjack]

People who are renting our home has a plumbing issue in the basement (clogged drain).

You are going to have to get the repairs done and pay for them. Then you get to try to recover the money from the tenants. This is the risk you take when you become a landlord.

1 - For the Dec repair did you get a written statement from the plumbers describing the items removed from the drain along with photos or video of the removal?

If you didn't, see 2.

2 - This time get a written statement from the plumbers describing the items removed from the drain along with photos or video of the removal? That will be your evidence when you try to collect from the tenants.

3 - I hope there is something in your lease that addresses this issue.

 

[Bshk]

I see, we really wanted to avoid going to the court.
Back in 2024, we did not have a sump pump coverage. Now it is insured.
Todays issue, however, we did not file a claim because tenant “mis-used” toilet drain causing sewage ejector failure. Not a disaster related issue.

 

[Bshk]

You are going to have to get the repairs done and pay for them. Then you get to try to recover the money from the tenants. This is the risk you take when you become a landlord.

1 - For the Dec repair did you get a written statement from the plumbers describing the items removed from the drain along with photos or video of the removal?yes

If you didn't, see 2.

2 - This time get a written statement from the plumbers describing the items removed from the drain along with photos or video of the removal? That will be your evidence when you try to collect from the tenants.yes

3 - I hope there is something in your lease that addresses this issue.

 

[quincy]

I see, we really wanted to avoid going to the court.
Back in 2024, we did not have a sump pump coverage. Now it is insured.
Todays issue, however, we did not file a claim because tenant “mis-used” toilet drain causing sewage ejector failure. Not a disaster related issue.

Present your tenants with the bill and threaten to sue, then. Just know that a threat to sue can be ignored … so you should be prepared to file a small claims suit against them.

And don’t renew their lease.

 

[Bshk]

Present your tenants with the bill and threaten to sue, then. Just know that a threat to sue can be ignored … so you should be prepared to file a small claims suit against them. As adjustorjack said, because liability falls on our side, we would have to pay for it. Thank you all for helping out. We are reviewing the agreement at the moment. It’s difficult-

And don’t renew their lease. Lol.

 

[quincy]

You are responsible for having the repairs made BUT if you have evidence to support a claim that your tenants are responsible for the damage that necessitated the repairs, you can sue the tenants to recover the cost of the repairs.

As a landlord, your rental must be kept in a habitable condition which is why you must do the repairs first, so more damage is not done by neglecting the problem.

 

[LdiJ]

You are responsible for having the repairs made BUT if you have evidence to support a claim that your tenants are responsible for the damage that necessitated the repairs, you can sue the tenants to recover the cost of the repairs.

As a landlord, your rental must be kept in a habitable condition which is why you must do the repairs first, so more damage is not done by neglecting the problem.

And as the health department has already told you, if you don't fix the problem they will, and then they will charge you for it. You should also be aware that repairs done by the health department generally end up costing double or triple what those repairs would normally cost, so you really don't want that to happen.

 

[FarmerJ]

if you have a written lease with them does your written lease address tenant caused damage ? Once you have made repairs that are satisfactory to your local laws and paid for it , and you have written reports to show a court what the problem was you could choose to deduct the repair cost from their damage deposit then send a letter via confirmed mail delivery to them explaining to them you deducted X amount from the Damage deposit you have from them then include a bill for the repair minus the now depleted deposit and if they wont pay up your free to take them to court and if you still dont want to take them to court and they paid a deposit your free to refuse to renew this rental with them and if you dont have a written lease but are month to month with them then follow your states laws to give them written notice or Hire a local attorney to write the notice and send it to them for you.

 

[huddy61]

Send the renters a quick note: “We fixed the main issue, but the extra work won’t happen until you cover the cost for the damage you caused.”

 

[quincy]

Send the renters a quick note: “We fixed the main issue, but the extra work won’t happen until you cover the cost for the damage you caused.”

That won’t fly. The work needs to be completed to comply with the health department.

 

[Taxing Matters]

2 - This time get a written statement from the plumbers describing the items removed from the drain along with photos or video of the removal? That will be your evidence when you try to collect from the tenants.

That might work in small claims court, but not in the regular trial courts. The written statement given by the plumbers is hearsay and the general rule for hearsay is that such evidence is not admissible. They'd need to get the plumbers on the witness stand to testify as to what work they did and what "foreign objects" were found. If the statement is good enough for small claims court the OP may still want the plumber to testify. That will make more of an impact than a written statement.

 

[quincy]

Here is a link to Indiana’s Small Claims Manual, should filing suit against the tenants become necessary. Small claims courts in Indiana handle claims of $10,000 or less.

https://www.in.gov/courts/files/small-claims-manual.pdf