Right of Landlord to condem property

[woode]

What is the name of your state? texas

hello:
my name is elizabeth woody, I have my mother house rented. we
had a record rain fall and it flooded one bedroom and the bathroom. the house is on a septic system that had been there since 1930's. the septic system competely caved in and the bathroom cannot be used. it is possible for me to break the lease and ask the tennants to move out and if so how long do i need to give them to move.the lease agreement does not mention anything about natural disasters, or paying for their stay elsewhere.

i do not plan on repairing as we cannot afford the repairs and if this county is declared a disaster i may apply for a loan but that will take months. i told the tennant that i would be at the house to clean at 2:00 pm and she said she would be there she showed up breifly and did not lift a finger so i personally cleaned the rooms that were flooded because raw sewage was on the floor. the tennants did not help and i moved their soaked personel belongs and told the they were in garbage bags in the garage.

 

[FarmerJ]

Wood since your not able to complete the lease with them simply give them back the number of days rent from the first day the home is unusable (prorate it ) , and written cancelation of the lease explaining in the letter that it is not known to you how long it will take for home to be repaired or for sure if you will repair it . and to refund in full the damage deposit . You might also want to consult with a lawyer just to see if there is anything else you need to do As far as financial obligations to your tenant If they have renters insurance that policy will cover damage to there belongings since your policy will only cover the structure and not the tenants things .

 

[woode]

right to condem property

what is a reasonable time frame for the tennants to move out. these folks are will to stay under the horrible conditions. in the lease the tenant is responsible for damages they cause. i just paid $140. to have baby wipes dug out of the pipes and the cost is more than the refund . in south texas the soil is sandy loam and the place where we had to dig the line to remove the wipes is where the septic tank fell in.

 

[FarmerJ]

I know what you mean about the cave in while digging I had to have a water line ran to another building and deep enough to not freeze and it caved in a couple of times easily . That also was the only part of the property that had sandy soil most of the rest of it is clay that can suck tires in to the ground in a flash when it is too wet . reasonable time I dont know what to tell you , see where i used to have rentals in minneapolis if something rendered a unit not habbitable like tornando or flood or fire the LL had 5 days to refund full deposit . I would think that you really should talk with a local attorney or at the very least look at this site s legal chat and see when the next one is But I just dont know what else to tell you other than what I said about refunding deposit and days of rent that the unit has been like that . Also before you do any more clean up get in there and take pictures of the damage to house and yard and get the film proccessor to date them .

 

[gooberitiz]

Elizabeth, can i ask you something:

why should a tenant pay for your expenses? The septic caved in due to your negligence as a landlord, it should have been replaced years ago.

so you should in good concience give the tenant ALL of the security back and at least half of this months rent back TODAY!,to help with moving expenses. with the stipulation in writing that they have to be out in 5 days and you are going to call the health department on Monday to condemn the property.

 

[abezon]

Check out the TX Property Code, chapter 92. Send notice that you're terminating the rental agreement due to casualty loss (flood). T has to continue to pay rent for as long as she lives there. If she's still there on Nov 1, she has to pay Nov rent. You have to refund prorated rent when she leaves sometime in Nov.


§ 92.054. Casualty Loss

(a) If a condition results from an insured casualty loss, such as fire, smoke, hail, explosion, or a similar cause, the period for repair does not begin until the landlord receives the insurance proceeds.

(b) If after a casualty loss the rental premises are as a practical matter totally unusable for residential purposes and if the casualty loss is not caused by the negligence or fault of the tenant, a member of the tenant's family, or a guest or invitee of the tenant, either the landlord or the tenant may terminate the lease by giving written notice to the other any time before repairs are completed. If the lease is terminated, the tenant is entitled only to a pro rata refund of rent from the date the tenant moves out and to a refund of any security deposit otherwise required by law.



You don't want to say you are closing the rental, since this may subject you to penalties under 92.

§ 92.055. Closing the Rental Premises

(a) A landlord may close a rental unit at any time by giving written notice by certified mail, return receipt requested, to the tenant and to the local health officer and local building inspector, if any, stating that:

(1) the landlord is terminating the tenancy as soon as legally possible; and

(2) after the tenant moves out the landlord will either immediately demolish the rental unit or no longer use the unit for residential purposes.
* * *

(d) If the landlord closes the rental unit after the tenant gives the landlord a notice to repair and the tenant moves out on or before the end of the rental term, the landlord must pay the tenant's actual and reasonable moving expenses, refund a pro rata portion of the tenant's rent from the date the tenant moves out, and, if otherwise required by law, return the tenant's security deposit.

 

[gooberitiz]

OK she can probaly weasel out of paying for the tenant moving expenses, but she still has to return the security deposit and excess rent IN FULL immediately.

 

[abezon]

No, the tenant is only entitled "to a refund of any security deposit otherwise required by law". Flushing baby wipes caused stoppage of the sewer line, and T is responsible for the repair costs. You might even be able to argue that the damage to the septic system was caused by T (no baby wipes = no clog = no digging over the septic system = no cave-in).

Ignore goober. He's an idiot who won't leave no matter how many times he's kicked off this forum.

 

[gooberitiz]

so be it, the landlord didnt take care of the property, it rained ,it flooded the house then the tenant made things worse by flushing baby wipes down the tiolet.

Why not just give the tenant back the Full security deposit and they will go and get out of your life, and not even think of suing you.

practical anaswer, but sure legally you can deduct for the repairs, but then you could get sued, if the tenat wants to cause trouble, so it's your choice.

 

[FarmerJ]

a tenant who flushes baby wipes is no diff than the female tenant who flushes used female hygene product woode if you get the system re done and it is still a pvt septic system I suggest you place into the lease restrictions on flushing anything else but human waste and TP . all else can damage the septic system and the tenant would be held liable for such damage . contact your county as if they have booklet on how to help maintain septic system health and if they dont look to other countys or states for the info and make the tenant read it . so many people dump just anything into there septic systems and think nothing of it until it ruins someones drinking water well then its too late .