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Water Has Been Shut Off Due To Landlord Not Paying The Bills. What Recourse Does the Tenant Have?
My landlord has just gone through bankruptcy and all of a sudden our water is shut off as more than a few months of bills have become late. I contacted the company and they said I’d have to pay the past 3 months bills before the water can be turned on. The problem is that under the rental agreement, my rental fee includes expected utility fees but the utility bills are under my landlords name as he directly pays for them. Can I take any legal recourse here?
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Answers (1)
The obligations of the landlord include supplying running water and a reasonable amount of hot water at all times to the tenant. Since your rental agreement stipulates that the cost of utilities are included in the rental fee you pay each month, the landlord is responsible for ensuring that your utilities do not become interrupted.
If the utility is in the landlord’s name, and due to his non-payment of the bills the service has been shut off, you have a couple of options. You can ask the utility company to restore service in the tenant’s name. A second option is to pay the past three-months worth of bills and deduct this from next month’s rent.
In certain cases, special protections against utility shutoffs are in place for tenants who may fall under a specific category such as, serious illness or personal safety, if you have an infant less than one year of age or an elderly household member.
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Posted by Linda Adams on 22 Jan 2010
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