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Home > Law > Real Estate Law   »   Is my lanlord responsible for providing us with water

 
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Old Oct 8, 2007, 12:39 PM
kam2467
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Is my lanlord responsible for providing us with water

We moved into our apartment Dec of last year at the time my told us the well was Artesian and 150ft deep come to find out due to this drought its only 25-50 feet deep and shared by 2 other families. We called him a few weeks ago to let him know sand was coming into the toilet and shower he told us there was nothing he could do we may run out of water he couldnt afford to dig the well deeper or have a new one dug. He told us to either move out or get together with the neighbors and rotate showers we told him he was nuts. He is selling one of his properties 2 houses away he ran about 6 garden hoses and 7 extension cords all along the woods into a pump in our basement and told us he could give us water this way from the other house it didnt work and my husband disconnected everything once he felt how hot the cords were and the lanlord told us we would be responsible for everyone elses electric to use this set up what can we do about this situation?

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Old Oct 8, 2007, 12:55 PM   #2  
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Yes, the landlord is responsible for providing water. So let's look at your options:

1. Find a new place to live.
2. Rotate showers with the neighbors.
3. Use the hoses and extension cords.
4. Pay for a deeper well or a new one to be dug and then deduct the cost from the rent or bill the landlord.

Options 2 and 3 are ridiculous. While option 4 might be legal in your state, I doubt that you want to spend thousands of dollars to improve the landlord's property with merely a hope that you'll be repaid. And you'd have to live there for many, many years rent-free in order to make it worth it.

So option 1 is obviously the best possible thing you could do right now. Look for a new place immediately.

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kam2467 disagrees: not an option at this time and trust me it was our first thought....
ScottGem agrees: balancer
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Old Oct 9, 2007, 04:19 AM   #3  
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Thank you lisa but unfortunatley we cant afford to move right now we live paycheck to paycheck and always pay our rent in full on time. In order to move we would have to not pay rent for a few months and then require our security deposit back like thats gonna happen thanks Kim..

thanks Lisa that sounds easy but unfortunatley we live paycheck to paycheck and all of our rent is on time and up to date. we would need to live 2 months free and require our security deposit back like thats gonna happen thanks agian Kim....
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Old Oct 9, 2007, 04:42 AM   #4  
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Hello kam:

You seem to think that you can force your landlord to provide you water if you only could find a law that says he has to..... Well, there is a law that says he has to. The problem is that there aren't any civil cops out there you can call to make him obey the law.

YOU are the only one who can make him obey the law, and the only way that's gonna happen is option #4 on Lisa's list.

I know you don't have any money. Now you're not going to have any money or water either...... As distasteful as it sounds, I think your only option is #1 too.

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Old Oct 9, 2007, 04:46 AM   #5  
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Thanks for your input we will see where this leads thank god its been raining here for the last 2 days we now have water until the rain stops anyway I have called the housing professionals and planning and zoning officials also so maybe i will get some assistance through them also we will see thanks agian.....
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Old Oct 9, 2007, 05:14 AM   #6  
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In areas where I used to live there were companies who trucked in water into tanks where you have it to use, Most likely the landlord could be forced into doing that or providing a larger well. IF he owns all of the houses, all of the tennants could get together, put all of the rents into a escrow account with the courts pending the outcome of a law suit to force him to comply with housing codes.

But all of this will take money for attorneys, that is what most of what I call slumlord landlords count on, the people they rent to don't have money to fight for thier own rights
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Old Oct 9, 2007, 05:50 AM   #7  
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Comments on this postkam2467 disagrees: not an option at this time and trust me it was our first thought....

First, may I call your attention to the guidelines for using the comments feature found here:

http://www.askmehelpdesk.com/feedbac...ure-24951.html

There was nothing inaccurate about Lisa's answer so a negative rating wasn't appropriate.

However, there is a 5th alternative that she didn't mention but Chuck did. That is pursuing regulatory and legal action against the landlord. A landlord has to provide a habitable environment. Insufficient water or water pressure might be deemed an inhabitable environment.

So what actions can you take? First, you determine what local or state agency has jurisdiction and report the landlord to them. They will inspect and, if there is an issue, they will cite the landlord for the violation and order it be corrected. But what if he ignores the order? There is little they can do but impose fines. And if he can't afford to correct the situation, how will saddling him with fines help. This leaves legal action and again, you have a similar situation about getting blood from a stone. However with legal action, you might be able to withhold rents and use those monies to pay for the repairs yourself. This would be especially true if you joined in with your neighbors.
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