# What would you do??



## Nate21 (Nov 25, 2011)

Today I had a landlord whom I had made a agreement with over the phone not pay. The deal was made over the phone because she informed me that she does not live in the area. After the work was done ( installing a new 40gal water heater, and the leaky pipe behind it) she said she never said yes to the job. The tenet knows the deal was made. She even told me she couldn't believe her landlord would do that & that her landlord had checked with her the nite before I did the job to make sure I was still doing it . The landlord won't answer her phone or call me back now...????


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## TPWinc (May 30, 2011)

I would call every plumber in town, give them the lady's name and address, tell them all the situation that she is a dead beat, and then go get my heater. I might even call the city after that to inform them of the condition of the rental property. But I'm an SOB when someone flat out refuses to pay.

She is probably not paying the mortgage either and just collecting a rent check until the forclosure eviction. So the tenent is gonna get screwed no matter what you do.


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## damnplumber (Jan 22, 2012)

go get your w/h and call everybody you know. Or put a lean on the property and forclose on the lean. or sue her or all three


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## OldSchool (Jan 30, 2010)

I would say you have a right to remove the heater.... as the landlord said she didn't want it....

I would call the tenant and ask if I could go back to make some adjustments or tell them there is a call back on the heater.... and simply remove the tank when you are there....


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## Phat Cat (Apr 1, 2009)

Did the tenant like you? I would try to persuade her to withhold the rent money to pay you or she could put pressure on the landlord for you.

If tenant is not interested in helping you, and you cannot get to the owner, I would probably bother the tenant - without crossing into harassment territory.

Where does the landlord live? Perhaps a PZ Member lives in her area. 

Wouldn't that be special? :yes: Another plumber collecting for you. Would love to see her face when she answers the door. The long arm of the brotherhood knows no limits. :laughing: 

Next time, landlords pay with credit card before doing the work. :yes:


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## cityplumbing (Jun 12, 2010)

Take your heater back and lien the property.. You had a verbal agreement.


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## Tim`s Plumbing (Jan 17, 2012)

*Take the heater back*



OldSchool said:


> I would say you have a right to remove the heater.... as the landlord said she didn't want it....
> 
> I would call the tenant and ask if I could go back to make some adjustments or tell them there is a call back on the heater.... and simply remove the tank when you are there....


 
I know here in Mass it is illegal for any contractor to remove any materials once they have been installed even if they have stiffed you on the bill. I have heard of cases where the person sues the plumber and wins for them removing a water heater or boiler. Here your only recourse would be small claims court.


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## OldSchool (Jan 30, 2010)

Tim`s Plumbing said:


> I know here in Mass it is illegal for any contractor to remove any materials once they have been installed even if they have stiffed you on the bill. I have heard of cases where the person sues the plumber and wins for them removing a water heater or boiler. Here your only recourse would be small claims court.


That is if you only took it out with out premission....


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## Tim`s Plumbing (Jan 17, 2012)

*Risky*



OldSchool said:


> That is if you only took it out with out premission....


 
It is a very risky venture if the landlord sues for removal of the water heater it can be hard to prove they said to remove it. The tenant being without hot water can be a unsanitary condition that you knowily contrubited to. I would consult a lawyer before I removed it if it was me.


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## Redwood (Sep 8, 2008)

I'd go out and fire up the beast...
Drive on over there and back up to the house....
Slip a tow strap on the hose bibb...
Drop the beast into 4wd and leave with as much of my plumbing as I can get... :laughing:


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## OldSchool (Jan 30, 2010)

Tim`s Plumbing said:


> It is a very risky venture if the landlord sues for removal of the water heater it can be hard to prove they said to remove it. The tenant being without hot water can be a unsanitary condition that you knowily contrubited to. I would consult a lawyer before I removed it if it was me.


At the same time you could counter sue the lanlord.... I think the judge would be in your favour


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## Mississippiplum (Sep 30, 2011)

Redwood said:


> I'd go out and fire up the beast...
> Drive on over there and back up to the house....
> Slip a tow strap on the hose bibb...
> Drop the beast into 4wd and leave with as much of my plumbing as I can get... :laughing:


I was thinking the same thing!!!!! Hopefully the t&p discharge goes through the outside wall in the OP. easy way to get the heater back 

sent from the jobsite porta-potty


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## RealCraftsMan (Dec 27, 2011)

Redwood said:


> I'd go out and fire up the beast...
> Drive on over there and back up to the house....
> Slip a tow strap on the hose bibb...
> Drop the beast into 4wd and leave with as much of my plumbing as I can get... :laughing:


 
I vote for that. :thumbup:


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## user7551 (Oct 21, 2011)

Tim`s Plumbing said:


> I know here in Mass it is illegal for any contractor to remove any materials once they have been installed even if they have stiffed you on the bill. I have heard of cases where the person sues the plumber and wins for them removing a water heater or boiler. Here your only recourse would be small claims court.



Thats the way it is here in Texas , once you install it. If you remove the equipment or whatever it is you have installed you have just become a felon.The only recourse here is to file a claim in JP's court and win a judgement then file a lien then jp can enforce the judgement by seizing property of the owner that is worth the judgement amount.


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## clogbuster (Jan 12, 2012)

i'd go with redwood's idea:thumbup:


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## 1703 (Jul 21, 2009)

What would I do?

After dreaming up every rotten thing I could do to the homeowner and wishing them bodily harm in every conceivable way, I'd concentrate on finding a way to eliminate the problem before it happened again.


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## voltatab (Jan 2, 2010)

To me Taking it back does not seem practical and only wastes more time and money, while possibly being illegal. As well as screwing over the tenant who has nothing to do with it. 

If it were me id take it to small claims. Get her address from the tenant then send a letter with her notice to appear in court. It's the last thing shell want to do. shell be spending more just flying back into town and missing work then just paying for the WH.


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## 422 plumber (Jul 31, 2008)

shoulda got a credit card #, then ran it first.


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## MikeS (Oct 3, 2011)

I think in CA that technically, if a customer does not pay, you can either put a mechanics lean on the property for what you owe, OR, you can reinstall the old heater. Most companies won't mess with reinstalling, and most crooked landlords know this. If you still have the old tank, call the landlord, tell them if they don't pay you will be more than happy to put the old one back in. they will be at square one. You will have you equipment back, and, a smile on your face for winning.


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## Richard Hilliard (Apr 10, 2010)

This will not help you in this instance but it may help you in the future. Write on your invoice/contract the date and time you spoke with the owner of the property. Accepted by Joan over the phone January 23, 2012 at 2:35 PM installed such and such date. I try to get the owner to give me a credit card number prior to starting when they do live out of state.

I would then call and leave a message that payment is necessary. If you do not receive payment file a police report for theft of services that can be served anywhere in the land. Meaning across state lines to file. File a lien. Get judgment and have the rent checks sent to the court where you can collect 25% of the rent check until paid.


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## Tommy plumber (Feb 19, 2010)

Richard Hilliard said:


> This will not help you in this instance but it may help you in the future. Write on your invoice/contract the date and time you spoke with the owner of the property. Accepted by Joan over the phone January 23, 2012 at 2:35 PM installed such and such date. I try to get the owner to give me a credit card number prior to starting when they do live out of state.
> 
> I would then call and leave a message that payment is necessary. If you do not receive payment file a police report for theft of services that can be served anywhere in the land. Meaning across state lines to file. File a lien. Get judgment and have the rent checks sent to the court where you can collect 25% of the rent check until paid.












This advice sounds like the best advice, in my opinion.
And this advice is probably the same as a lawyer would charge you for. But here on PZ, Richard is giving it to you for free........:thumbsup:


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## Richard Hilliard (Apr 10, 2010)

Tommy

When I was in business I did work for 12 builders over 200 homes a year. I picked up my 3th builder. Should have by -passed the number 13. I had a strange feeling and decided to write a contract for 2 duplexes. The only builder that tried to stiff me was unlucky 13. He was into me for 2 duplexes in this particular subdivision. Every contractor involved ended up getting burnt. I did what I have suggested and collected what was owed to me. I did the leg work and discovered 8 people sending their rent checks to this builder in his company name and filed suit against him submitting the names and addresses of his tenants. 25% of the 8 rental units paid me quickly. 2 grand a month until paid off.


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## Nate21 (Nov 25, 2011)

Thanks for the advice Richard! I contacted the city to let them know what's going on & I'm currently working on having a lien placed on the property. I will also get c/c info before I start jobs that are verbal contracts over the phone. It really sucks not being able to trust people...


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## OldSchool (Jan 30, 2010)

Nate21 said:


> Thanks for the advice Richard! I contacted the city to let them know what's going on & I'm currently working on having a lien placed on the property. I will also get c/c info before I start jobs that are verbal contracts over the phone. It really sucks not being able to trust people...


I was just watching a show

and the kung fu instructor says

Trust no one...... as to trust no one is to trust everyone equally


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## Nate21 (Nov 25, 2011)

Lmfao!


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## smythers1968 (Feb 4, 2009)

Nate21 said:


> Thanks for the advice Richard! I contacted the city to let them know what's going on & I'm currently working on having a lien placed on the property. I will also get c/c info before I start jobs that are verbal contracts over the phone. It really sucks not being able to trust people...


 
Don't do a lien on the property because if you do that you can't file a law suit. Also a lien stays with the property until the property sells so, who knows when you will get the money. If the owner lives out of state you can have the tenant served. It's all legal munbo but it's a alias subpoena. You may need to have an attorney do this. Then go to court and win. Once you win most of the time you will send to the owner a debtor stament which the debtor has to fill out to provide asset info. Then onto collections. 

The first time is the worst but get an attorney, get copies of all docs and then if it ever happens again you know what to do.


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## M5Plumb (Oct 2, 2008)

I like this idea! How effective the brotherhood can become in collecting. 

"Good day Ms. My name is Guido, my brother sent me over here to collect payment for services provided, how would you like to pay today?"


QUOTE="Phat Cat"]Did the tenant like you? I would try to persuade her to withhold the rent money to pay you or she could put pressure on the landlord for you.

If tenant is not interested in helping you, and you cannot get to the owner, I would probably bother the tenant - without crossing into harassment territory.

Where does the landlord live? Perhaps a PZ Member lives in her area.

Wouldn't that be special? :yes: Another plumber collecting for you. Would love to see her face when she answers the door. The long arm of the brotherhood knows no limits. :laughing:

Next time, landlords pay with credit card before doing the work. :yes:[/QUOTE]


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