Landlord is using water I pay for in California.

Raymond Navarro · 2020-09-21T13:27:18-07:00

We were required to switch all utilities under our name prior to moving in or even signing the lease. No where on the lease does it state the landlord will have access to the water. The first time we noticed them watering the other side, we approached them and reminded them that we are paying the water bill (there's only one meter). We proceeded to let them know that we had to change utilities under our name in order to sign the lease and the cost was $150. At first they did seem concerned and assured us they will change the water utility under their name, then that they would install a second meter, but none has happened, and now they have arranged something with the property management company. The property management company made a decision and said that's the way it is going to be and my concerns I have reached out for legal counsel, but wanted to tap into the wealth of experience here. I just want to be treated fairly, but the landlord and property management company is pushing an arrangement on us without us being in agreement.Any advice or shared experiences would be greatly appreciated, thanks!

Jeffrey EdwardsPro Member

Real Estate Broker · West Bloomfield, MI · Member since 2018 · 147 posts · 77 votes

6y

It's hard to say without seeing a copy of your lease but I think you did the right thing and seek a legal opinion. It does not sound like the landlord is treating you fair!

[email protected]248-270-2740

1 Reply

Theresa HarrisPro Member

Member since 2019 · 15k+ posts · 11k+ votes

6y

'watering the other side' Is it a duplex? What are they watering? If it is a single family house, are they using the water for landscaping?? If it is a duplex, and only one meter, the water never should have been put in your name. Tell the property manager that you are paying for the water and if they want access to it, they need to pay...then tell them you are getting legal council.

2 Reply

Joe Scaparra

Investor · Austin, TX · Member since 2013 · 662 posts · 1k+ votes

6y

If there is only one water meter, you are not only paying for the water for the lawn but also for them to bathe, cook with, and clean the interior of the house. So the first thing you do is make a complaint in WRITING to the property management and to the owners. Do this once a week until you get it resolved to your satisfaction. After a month goes by, deduct the entire water bill from you payment and outline what you are doing. Since you have been paying the entire bill for months you should be able to do that for the number of months you paid the entire bill. Then start halfing the bill if you suspect you both use about an equal amount. The key is put it in writing, your lease probably requires it. Good Luck.

1 Reply

Raymond Navarro

OP

Member since 2020 · 3 posts · 0 votes

6y

The entire property is just over 2 acres with one water meter. We rent the house on one side of the acre and the other just contains landscaping with horse stalls, no other structures. The side with landscaping is what they are watering. The Landlord crosses to the side I am renting to turn on the water and proceed to use it. Since April of this year, he has watered at least 2 times a month for about an hour each time. It seemed a bit more frequent at first, but I started noting their visits starting from June.

They have tried to credit me with what appears to be an arbitrary amount every month, but I am not comfortable with that arrangement and would have never signed the lease if stated that the Landlord would be watering the other acre. This is NOT stated in the lease. I tried to rectify this with the property management company, explicitly stating that I do not agree with the monthly contribution arrangement. The replies are summarized below:

"He [the Landlord] will not be putting the water in his name, and we will not be making any further adjustments to this issue" and after mentioning that I do NOT agree, "Unfortunately that is the way it is going to be and it is not open for further discussion."

Please let me know if you need more context, I'm in need for advice. I am waiting to hear back from legal counsel, which sought out earlier today as well.

Thank you all.

0 Reply

Joe Scaparra

Investor · Austin, TX · Member since 2013 · 662 posts · 1k+ votes

6y

Ok i have one more easy solution for you if it is only the water hose outside you are concerned with. You see I own a 4 plex that has one water spout for the entire building. I don't want people using it to run the water or wash their cars ect. I do all the lawn care. So all you need to do is put a lock on the water bib outside.

Here is one I use and will cost you $12 bucks and a small lock (I use combination lock).

https://www.amazon.com/Conserv...

Cheers!!!

3 Reply

Theresa HarrisPro Member

Member since 2019 · 15k+ posts · 11k+ votes

6y

Figure out how much 2 hours of watering a month is worth in terms of the water and ask for that money.

1 Reply

Jennifer T.Pro Member

Investor · New Orleans, LA · Member since 2014 · 1k+ posts · 944 votes

6y

You might be able to figure out through Googling about how many gallons of water watering for one hour uses. Offer that proof to the property owner and request the cost equivalent of what that many gallons x2 is either taken off the rent or reimbursed back to you each month.

Even better, if there have been months where they didn't do any watering, you can show them the differences in the bill between "months that had watering" and "months that didn't have watering" and then come out to a fair monthly reimbursement from that.

As an aside, when I was a renter, I lived in a duplex that had a grandfathered-in one water meter for the two units. One of the tenants was required to have the water bill in their name and collect half the bill from the other one. It sounds like the potential for disaster and hard feelings all around, lol. But we lived there for 5 years and had a number of tenants on the other side from us without it ever being an issue.

My own personal duplex also has a grandfathered-in one water meter. I keep the water bill in my name, but charge my tenant on the other side half of it each month.

With all that said, both of those situations were/are known up front to all parties.

0 Reply

Bill B.

Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes

6y

Luckily, if it’s just landscaping and just one hose it’s PROBABLY almost nothing.

In Las Vegas the land of scarce water, 1000 gallons costs less than $2, something like $1.20.

I like the hose bib lock idea. Certainly no judge in America, much less California would have a problem with you doing that. The only downside would be if your lease says you have to maintain the landscaping then they could stop taking care of it and make you provide the water and the labor to keep the landscaping healthy.

0 Reply

Jon Schwartz

Realtor · Los Angeles, CA · Member since 2018 · 952 posts · 1k+ votes

6y

Originally posted by @Raymond Navarro:

The entire property is just over 2 acres with one water meter. We rent the house on one side of the acre and the other just contains landscaping with horse stalls, no other structures. The side with landscaping is what they are watering. The Landlord crosses to the side I am renting to turn on the water and proceed to use it. Since April of this year, he has watered at least 2 times a month for about an hour each time. It seemed a bit more frequent at first, but I started noting their visits starting from June.

They have tried to credit me with what appears to be an arbitrary amount every month, but I am not comfortable with that arrangement and would have never signed the lease if stated that the Landlord would be watering the other acre. This is NOT stated in the lease. I tried to rectify this with the property management company, explicitly stating that I do not agree with the monthly contribution arrangement. The replies are summarized below:

"He [the Landlord] will not be putting the water in his name, and we will not be making any further adjustments to this issue" and after mentioning that I do NOT agree, "Unfortunately that is the way it is going to be and it is not open for further discussion."

Please let me know if you need more context, I'm in need for advice. I am waiting to hear back from legal counsel, which sought out earlier today as well.

Thank you all.

Raymond, I'm a CA landlord, but not a lawyer, so I'm talking from my layman's understanding, not as a lawyer.

In CA, a landlord can't arbitrarily enter your leased property except in the case of an emergency. Technically, your landlord is breaking the law when he turns on the spigot attached to the house you rent. He's also stealing water from you if the utility is in your name, regardless of who owns the house.

First off, I'd order this book and read it:

https://store.nolo.com/product...

This will make very clear to you what your rights as a tenant are.

Then, I'd follow the above advice about putting a lock on the spigot. You're entitled to do this; it isn't a permanent attachment to the house, so your landlord doesn't have much argument in preventing you from putting a lock on the spigot.

When your landlord starts complaining about the lock on the spigot, armed with what you've learned in the NOLO book, explain to your landlord exactly what your rights are and that you will no longer entertain his trespassing or theft. FYI, the law also protects you from retaliatory actions.

Maybe you don't have to go this hardcore right away, but just know that the law (and courts) are on your side.

Best,

Jon

0 Reply

Brian Hamel

Nashua, NH · Member since 2017 · 66 posts · 58 votes

6y

@Raymond Navarro

Hi Raymond,

From how I understand it you are being taken advantage of. This does not seem legal. If I was you I would document the situation and take videos of the landlord using your water. I would then if possible pay the bill and not do anything else. Just live there and pay it. When you move I would take him to court for every water bill plus interest. Any action you take before then will cause retaliation and effect your living arrangement too much to risk. They may try to find a reason to make you leave or raise your rent. Any time it is brought up I would put it in writing that you do not agree with any arrangement other than them paying the bill.

0 Reply

Raymond Navarro

OP

Member since 2020 · 3 posts · 0 votes

6y

Thank you all so much for your replies. It has given us confidence to know we have options and a path forward.

As I mentioned above, I did seek legal counsel and was clear about doing so with the property management company through their compliance manager. I mentioned this to them the moment they replied with the comments quoted in my previous post. I was very clear that I do not agree and that I would be seeking legal advice due to violation of the lease.

There has been no reply after this from the property management company, but we did notice the water hose was missing the following day. I hope that means they understand our position and the actions we're taking, since they've never removed the hose in the past. But, we'll see.

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Landlord is using water I pay for in California.

Landlord is using water I pay for in California.

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