Sewage Tank Responsibility

[Gail in Georgia]

" But, since the contract was void, & we're on a month to month basis, I thought maybe the LL would have been responsible for the septic. "

It's unfortunate that you did not get it confirmed that ALL aspects of the contract were voided (including the one regarding maintenance) when you went to a month to month tenancy.

Gail

 

[justalayman]

Yes I did give the LL a chance to clean it out. He kept saying that he would get to it, but never did. And since it was backing up into the house, we got it done. And the tank was completely full.

because it wasn't pumped for the seven years your contract was in force.

You did not specifically state the problems arose prior to the expiration of the contract but it appears it could be so based on this:

As of April 1, 2012 the contract became void because we could not come an agreement with the owner

Our sewage kept backing up, and we finally had a company come out and pump the tank out just last month

If the back up started prior to the expiration of the contract, due to this:

In the original contract it said that we were responsible for all maintenance & repairs.

You are liable. Just the same if the roof needed to be repaired prior to the expiration of the contract and you failed to repair it or any other repair you failed to perform while under contract, you are now liable for the cost to repair.

If the back up did not start until after the contract expired, you might have an arguable point the work did not need to be done until the contract expired. I would suggest that you would likely lose even that argument though since this type of thing does not simply start overnight. There was likely symptoms long before it was obviously the problem. That makes it your liability to pay for the work.

 

[Searchertwin]

No matter what rent to own is a contradiction since many who sell on them try to set them up so the LL gets out of all repair, Huge mistake as far as I see it so by all means use the services of a atty to see if this mess can be fixed.

Agree with that, but you can look at it from another view.

Tenants saying they want to buy, but in reality, just want a place to live and have no intentions of buying.
And they usually approach the LL to rent with option to buy opportunity.

When they do this, I ask for a pre-approved loan acceptance letter and we will talk. I never hear from them after that. I don't know why?

 

[LdiJ]

because it wasn't pumped for the seven years your contract was in force.

You did not specifically state the problems arose prior to the expiration of the contract but it appears it could be so based on this:




If the back up started prior to the expiration of the contract, due to this:

You are liable. Just the same if the roof needed to be repaired prior to the expiration of the contract and you failed to repair it or any other repair you failed to perform while under contract, you are now liable for the cost to repair.

If the back up did not start until after the contract expired, you might have an arguable point the work did not need to be done until the contract expired. I would suggest that you would likely lose even that argument though since this type of thing does not simply start overnight. There was likely symptoms long before it was obviously the problem. That makes it your liability to pay for the work.

Would your opinion be different if you had caught on to the fact that their contract was only two years, and just expired in April of this year?

Personally, if I were them I would give the landlord notice that they were moving out. He clearly has no desire to actually sell the house since he is insisting on a purchase price that is higher than appraisal. He clearly only wanted a tenant who had to be responsible for repairs and maintenance.

 

[Gail in Georgia]

To terminate such a tenancy in Ohio requires the following:

http://codes.ohio.gov/orc/5321.17

Seems a bit of a shame since they now have an empty septic tank.

Gail

 

[justalayman]

LdiJ;3052904]Would your opinion be different if you had caught on to the fact that their contract was only two years, and just expired in April of this year?

I did understand the time of the contract so no, it wouldn't change. The liabilities incurred during the contract are still due from the tenant, even after the contract expires. If the OP can prove there were existing conditions they are being charged for, they would have a reasonable argument they did maintain the house to existing conditions unless the condition worsened while under contract. Then they would be required to repair the situation and that is what appears to have happened with the septic tank.