Re: living w/out water - Landlord Forum thread

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

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?

[ Reply ] [ Return to forum ]

Re: living w/out water by Bryan (Ia) on June 9, 2012 @16:47	[ Reply ]

If a T has no water they cannot wash dishes, clean properly, or even flush the toilet. It is considered a necessary utility by the courts. It is illegal for LL to shut off any utility for nonpayment and is considered a form of constructive eviction to do so. For these reasons it is a health and safety violation not to have water.

Re: living w/out water by Anonymous on June 9, 2012 @18:05	[ Reply ]

The point is that the LL did not shut off the water for nonpayment or to constructively evict or anything nefarious. The LL required in writing that the tenant have the water put in his name and be responsible for that utility within the terms of the rental agreement. The LL arranged with the water company that his account be closed on a certain date, similar to what people do when switching gas/electricity or phone service. We don't know what date that is but let's assume it was for the move in date. For whatever reason , the water company didn't stop supplying water when the LL's account was closed and no one began another for that location even though water was being used. Maybe an ordinance prevents companies that supply vital utilities from shutting off service during certain months. In NJ, the gas company will not shut off heat during winter months even if you have thousands of dollars outstanding. They wait until the Spring. Personally, our last tenants terminated their service with the gas company in December and lived in the unit until February and their gas and electricity was never shut off even though there wasn't an account for the location. Eventually, the water company realized water is being used but no account is established for billing or because policy or regulations allow them, they shut if off.

Re: living w/out water by Jake on June 9, 2012 @21:51	[ Reply ]

You can not shut off the water of a tenant who is occupying the rental. Everything else does not matter.

Re: living w/out water by Jack Klein (NY) on June 10, 2012 @09:36	[ Reply ]

I have to agree. It sounds as if this is not a case of constructive eviction. To prove that, the tenant would have to show that the landlord willfully terminated the water service to harm him or to make him leave, when in reality, it was quite the opposite. The water was scheduled to be switched over to the tenant, the tenant knew about it, AGREED to it, IN WRITING, and still failed to have it turned over in his own account. Sorry guys, that is not the landlord's fault. On the other hand... Can the tenant make a case? Do the courts favor the tenants?