living w/out water - Landlord Forum thread

living w/out water by Anonymous (iowa) on June 9, 2012 @09:48

My tenants were supposed to get the water switched into their name. I got it shut off from my name, but they didn't get it turned on. What kind of notice do I give for this violation?

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Re: living w/out water by Jake on June 9, 2012 @09:58	[ Reply ]

Do not worry about notice. The Health Department and their lawyer will be contacting you soon.

Re: living w/out water

Re: living w/out water by Nicole (PA) on June 9, 2012 @11:18	[ Reply ]

won't help you now but going forward, have all utilities turned off several days prior to tenants moving in. here, it costs a few dollars to turn on and off (under $10) but it's worth it.

Re: living w/out water by Bryan (Ia) on June 9, 2012 @11:32	[ Reply ]

7 day C/Q under 562a(27)1.\ "Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with section 562A.17 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if the breach is not remedied in seven days, and the rental agreement shall terminate as provided in the notice subject to the provisions of this section. If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate. If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six months, the landlord may terminate the rental agreement upon at least seven days' written notice specifying the breach and the date of termination of the rental agreement." Lack of water is a breach that materially affects health and safety.

Re: living w/out water by NY-LL on June 9, 2012 @13:00	[ Reply ]

Summary of Iowa Landlord and Tenant Law by: Iowa Legal Aid Iowa Landlord and Tenant Act applies to rental agreements for most houses or apartments. It does not cover all situations. A rental agreement is the understanding between the landlord and tenant. It may be in writing or oral. See other articles posted on this website and the Iowa Legal Aid publication A Guide to Landlord Tenant Law in Iowa for more details about landlord and tenant law. Duties of Landlords (Iowa Code 562A.15) In most cases, the duties of the landlord include: Follow building and housing codes that affect health and safety in an important way; Make repairs to keep the house or apartment in a fit and livable condition; Provide for garbage receptacles and removal; Supply hot and cold running water and heat, unless the tenant pays the utility company directly, and the water heater and furnace are under the tenant's control; Keep areas used by the tenants of more than one apartment clean and safe; and Keep facilities and appliances such as electric wiring, plumbing, heating, and air conditioning in good and safe working order. Only in limited cases can the landlord and tenant agree that the tenant will be responsible for any of the landlord's duties. In any case where the tenant agrees to be responsible for the landlord's duties, the agreement should be in writing, and fair to both. It does not seem the landlord is obligated or liable for the failure of the tenant to turn on utilities.

Re: living w/out water by Sam (CA) on June 9, 2012 @13:48	[ Reply ]

You guys are making me laugh! This is not a habitability or health issue. This is a matter of a tenant turning on the utilities for his rental as agreed. The fact that the previous water account was turned off doesn't matter as the utilities are now the new tenant's responsibility. I'd just re-send the tenant the phone # and address of the water co. if they want water service. BTW: was any screening or a credit report even done on these winners?

Re: living w/out water

Re: living w/out water by Jake on June 9, 2012 @13:48	[ Reply ]

"by the tenant with the rental agreement or a noncompliance with section 562A.17 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement" While all this is true we have to take note that is was not the tenant who shut off the water. The landlord is at liberty to send out all the notices he wants but he can not shut the water off. In this case, it is the landlord who has "materially affected the health and safety" of the tenant.

Re: living w/out water by Michael on June 9, 2012 @16:24	[ Reply ]

Even if your lease states that they are to put the utilities in their name, shutting off any essential utility, i.e gas, power and water is asking for trouble no matter how you look at it. I would have to agree with Jake that the landlord is affecting the health and safety. Include a claues in your lease that states that they have to reimburse you plus extra fees for paying the bill, if so desired, for failure to switch the utilities over to thier name. Don't forget to mention that the charges are added rent so if they don't pay up when rent is due, you can leagally start the eviciton process.

Re: living w/out water by Jake on June 9, 2012 @18:34	[ Reply ]

"It does not seem the landlord is obligated or liable for the failure of the tenant to turn on utilities." If the tenant was occupying the rental with the water running, the landlord can not turn it off.

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Re: living w/out water by Eric (MN) on June 9, 2012 @23:48	[ Reply ]

This is a foolish idea. Where do you think they will use the toilet when the toilet doesn't work? I have seen a horror story when a tenant got the electricity turned off, and the property had well water, which needs electricity for the water pump. Water is cheap. Never shut ot off.

Re: living w/out water => TROLL? by Eric (MN) on June 9, 2012 @23:51	[ Reply ]

This is a troll question. No public water company would shut off water on an occupied building. The water bill gets attached to the property, the water bill always gets paid.

Re: living w/out water => TROLL?

Re: living w/out water by OK-LL on June 10, 2012 @10:47	[ Reply ]

This may require research into how your local courts handle it. In my area, I have turned the electric service off when it is in the lease that the tenant is required to open his own service account. I have done this a couple of times after the tenant was moved in. Like OP, I usually give a day or 2 overlap if it is a last-minute rental, rather than requiring it be switched before move-in as we do when the transition is more leisurely. If tenant does not switch utility, I go forward with turning it off and then post a cure/quit notice to tenant for violation of the lease. If no service connected by the end of the c/q period, I evict. I have not had a court even admonish me for cutting off a utility service IAW the lease agreement.