Is there any legal action I can take against my landlord, for my water being shut off in a rental?

Question

I live in a two family house where the water was shut off and the landlord/owner did nothing to resolve the issue, nor did she attempt to reach out to me or the family on the second floor, who btw have three children. It's been two days without water. Luckily my parents live near by and my sister and I can go there... Any comments or suggestions, even legal advice?

Answer 1

Have you talked to the landlord to determine what's the problem? I'm a landlord and I've had to shut off the water to a triplex I own so plumbing repairs can be performed. However, I notified the tenants in advance and we limited the shut off time to only an hour.

This doesn't appear to be your situation so here's what you can do.

1. Call the city department that provides water service and ask why it was shut off.

2. Contact your landlord and, if the response isn't adequate, contact your city's housing inspection department. It is a legal requirement for residences to have heat and water, except for non-payment of course. They can put pressure on the landlord.

3. File in small claims court. You will most certainly win if you can document your case but you may want to pay for the water yourself in the meantime because the process can take a few weeks. The question of whether or not you can deduct what you pay for water from your rent will have to be answered by someone in your state who can give you specifics of the law there.

Reading between the lines, it sounds like your landlord may be in financial difficulty. Foreclosures are at all time highs and many landlords have simply stopped making payments on their properties. If your property is foreclosed the lender will likely require you to move. Just be prepared so you don't get caught off guard.

Answer 2

Are you sure the landlord even knows?   If the water company shut it off because you did not pay they do not inform the landlord.

We can't give any advise w/o knowing why the water is off.   The city could have shut it down, they could be working on the pipes, we do not know.

Answer 3

Why was the water shut off?  Assuming this was, somehow, the landlords fault I wouldn't start legal action after just 2 days but I would bug him constantly for a resolution, this is really annoying.  Maybe you should drive to their house and knock on the door to talk about it (but be very, very nice when talking to him, don't yell and don't threaten him no matter how mad you are).  As a landlord, nothing gets your attention like someone coming to your house to talk about it (it almost never happens - but when it does...).

Anyhow, don't go suing the guy, just make him fix it.  If the problem persists and he is being unreasonable about it you could call the local gov't office that handles landlord/ tenant issues - something like "Landlord/ Tenant Affairs" in the blue pages of the phone book and ask them if this is grounds for breaking a lease.  I suspect it is ground for breaking the lease but only if the problem persist and there will be something you have to do first (send the landlord a letter stating he must fix the problem in so many days or you will break the lease with cause - something like that).

Answer 4

you haven't stated why the water is off. Is it for non payment and included int your rent? then yes you have a course of action. If it is the suppliers fault and they haven't been able to find the problem then no you have no case at all.

Answer 5

You are not really giving enough information.

Questions to answer:

Does your Landlord pay for the water?

Was the city making repairs and had to turn

off the water?

Does your landlord know the water is off?

Only after we know the details, can we give you

good advice.

By the way-it is not a legal issue...

Answer 6

It is illegal in most states for tenants to be without water.  This is an essential service that must be provided.

The lack of an essential service is typically grounds for breaking your lease.

I'd look for another place to live.