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O_Troubles · Mar 19, 2008, 11:33 AM

I don't know if this is the right place to ask this sorry if its not. My question is if I'm renting an apt and the water gets shut off does that count as an unlivable condition? Like do rental agreements say that they HAVE to provide running water? Is it possible to make the management company pay some sort of compensation or anything. The whole building has no water. Its unsaitary can't flush, can't wash hands, difficult to cook, can't shower...

addysonsmom · Mar 19, 2008, 11:35 AM

This is very illegal and they are required to IMMEDIATELY get the problem fixed. If the situation is not resolved within 24 hours... then you should turn the management company in.

topladyj · Mar 19, 2008, 11:38 AM

I am sure it is in your lease. If you move into a apt that gives you water and trash service then you better have the water and trash service. Did they say it was going to be shut off for any time length? Hope you get it back Good Luck!

O_Troubles · Mar 19, 2008, 12:02 PM

The water is turned off due to a water main break though so the citi has to fix it but in the mean time could I ask for compensation for the days with out running water or what?

addysonsmom · Mar 19, 2008, 12:08 PM

Yes, I would ask for compensation... if a water mane broke then you should be compensated in some way

ballengerb1 · Mar 19, 2008, 12:23 PM

Your landlord has no responsbility if it is the city water that failed, he has done nothing wrong and he has not voilated your lease. If you think you are entitled to compensation it would be the city you are up againist and I don't believe the city loses many of these claims.

ScottGem · Mar 19, 2008, 12:27 PM

Ball is right. This is not the landlord's fault. You would have to file suit against the city and/or the water authority that maintains the main. Going 24 hours without fresh water is not that big a hardship. So you might not have a case for compensation. Maybe if you went out and bought a few gallons of bottled water you can get reimbursed.

O_Troubles · Mar 19, 2008, 11:21 PM

Is it not the landlords or management companys obligation to provide a water tank outside hooked up to the building? I mean it was unsanitary and according to local laws it was considered an unlivable condition. So if I can't take a shower wash my hands or touch anyfood I want to cook (cuz I can't wash my hands after touching raw food) I mean I'm sure I don't have to take that inconvience sitting down. I'm outraged something more wasn't done! And scottgem you try going two days without water seriously. You can't flush wash your hands shower your limited in what you can cook don't brush your teeth...

ScottGem · Mar 20, 2008, 05:58 AM

I'm not saying its easy, but its not illegal and its not the landlord's fault. I know of no place that requires a separate water storage tank for apartments just for emergencies. When NYC had its massive blackout back in the 60s, the building I was in didn't have water because the pumps to get the water to the upper floors didn't have power. I remember walking down 10 flights and filling up containers at a fire hydrant. In those days bottled water wasn't as prevalent as it is today.

I'm sorry, but certain inconveniences DO have to be taken sitting down. As I said, you might have a cause of action against the utility that maintains the main, but not against the landlords.

JudyKayTee · Mar 20, 2008, 06:36 AM

Originally Posted by addysonsmom

Yes, I would ask for compensation....if a water mane broke then you should be compensated in some way

Absolutely not correct - this is not the landlord's "fault" and if this were true every time there was a power failure everyone would sue everyone else.

addysonsmom · Mar 20, 2008, 06:46 AM

If you have been living without water for more than 2 days... you can't flush the toilet, wash your hands after handling meat, take a shower, etc... then yes... you definitely SHOULD ask the city for compensation. I am by no means a "sue happy" person... but lets be reasonable here... this is causing disgusting conditions. Seriously... c'mon people... and it can never hurt to ASK for compensation.

JudyKayTee · Mar 20, 2008, 06:53 AM

Originally Posted by addysonsmom

If you have been living without water for more than 2 days....you can't flush the toilet, wash your hands after handling meat, take a shower, etc...then yes...you definitely SHOULD ask the city for compensation. I am by no means a "sue happy" person....but lets be reasonable here....this is causing disgusting conditions. Seriously...c'mon people....and it can never hurt to ASK for compensation.

I'll be even more reasonable - there is no such action against the City, no such Statute, no such lawsuit. Sure, it doesn't hurt to "ask" for compensation but you are dealing with a Government agency. You don't just call on the phone. You file a Notice of Claim and see where that goes - which will be nowhere.

"Disgusting" is not legal grounds. Hard to hear but it's not.

ballengerb1 · Mar 20, 2008, 08:36 AM

All good and correct replies. From what you have told us there is no hint of inappropriate conduct or negligence on anyone's part, including the landlord. This situation could not have been prevented under ordinary circumstances. I would agree that you are in a tough spot but who caused it to happen? This is where the Act of God clause kick in. Sorry and hope by now the water is running.

JudyKayTee · Mar 20, 2008, 08:44 AM

Originally Posted by O_Troubles

is it not the landlords or managment companys obligation to provide a water tank outside hooked up to the building? i mean it was unsanitary and acording to local laws it was concidered an unlivable condition. so if i can't take a shower wash my hands or touch anyfood i wanna cook (cuz i can't wash my hands after touching raw food) i mean im sure i dont have to take that inconvience sitting down. im outraged something more wasnt done! and scottgem you try going two days without water seriously. you can't flush wash your hands shower your limited in what you can cook dont brush your teeth...

You've posted the same question on two different boards and keep getting the same answers.

You think you are right and everyone is wrong so file a claim against the City and your landlord and let us know how it works out. If I'm wrong I'll be the first to apologize.

twinkiedooter · Mar 20, 2008, 08:56 AM

You can call up the Red Cross or the health dept and ask them to provide some emergency water and/or emergency portapottys for your building since you have no running water. I had the Red Cross provide the 100 homes where I live when the private water pump went out for the whole community. They delivered a lot of bottled water for drinking and had 6 portapottys for the neighborhood. You can't sue the city regardless.

excon · Mar 20, 2008, 08:59 AM

Hello O:

I agree with you. You can't live there. If you can, I'd rent a motel until the problem gets fixed. Certainly, ain't nobody going to be fronting funds for you to do that. That just don't happen.

Afterwards, you can file suit against the city and your landlord. As the others have said, unless the landlord DID anything to the water line to cause it to break, the judge will probably let your landlord off.

But, you might win against the city.

excon

luvmylab · Mar 20, 2008, 09:34 AM

I agree with everyone, it's not the landlord's fault. However the landlord may want to compensate a good tenant just too smooth thing. The landlord does not have to do anything but I've found that management companies are usually willing to offer something if you ask or tell them you are unhappy. They want you to renew your lease, so that means that want to make you happy. It doesn't hurt to ask but don’t expect anything.

ScottGem · Mar 20, 2008, 09:43 AM

Ok so water is back on, after what, 24 hours? 48 hours? Ok so what you want compensation. What losses did you incur? What do you want compensation for? Did you have to eat out because you couldn't cook? Did you stay in a hotel?

Your next step is to quantify what losses you incurred due to the water being shut off. You can then use that to file a claim against the city and the utility.

Good luck!

JudyKayTee · Mar 20, 2008, 09:57 AM

The OP is in Canada and I can't find any info there but I find this or a similar Statute on the books in many Cities (mine is one of them!).

When my power was out for 9 days in 1996 I lost the total contents of the basement because the sump pump was not working and my Attorney sent the local Statute to me - I had no case.

Anyway, one of the Statutes reads: "We realize that citizens may incur expenses and damages because of a sewer backup or flood of water from a water main break. The City regrets those events and strives to prevent them. However, the operation of a water/sewer system is a governmental function, for which the City is immune from damages unless immunity is waived by state law. In a case decided in early 2004, the Texas Supreme Court clearly outlined the narrow circumstances in which a City might be liable for a utility failure that damages a home. City of Dallas v. Jennings, 142 SW3d 310 (Tex. 2004). Under current law, in the vast majority of situations, the City of Amarillo is immune from liability for property damages caused by sewer back-up or water main breakage."

Will be waiting to see how this plays out, what the City says, if a lawsuit is filed.

froggy7 · Mar 20, 2008, 09:20 PM

I sometimes wonder what people like the OP do when they buy a house, and suddenly find out that they have to fix all these kinds of issues themselves. I'll admit, it was a bit of a shock when I had my pipe leak in my first home's wall, and suddenly realized it was entirely up to me to figure out what I was going to do to fix the problem. Call a plumber was the first thing I could think of, and thankfully it was a small leak and that worked. But it drove home to me that sometimes stuff just happens, and you just have to deal with it when it does.