DIYbanter - View Single Post - Accidental use of water and water company?

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Oren wrote:
On 12 Jul 2006 11:14:03 -0700, wrote:

Oren wrote:
On 12 Jul 2006 07:41:31 -0700, wrote:

A buddy of mine was away for a week and returned to find that the water
heater in his rented condo had sprung a major leak. He said it was
running about like half of a wide open sink faucet rate. The friggin
thing was about 23 years old. I remember seeing the label on it, how
the area around the pipe connections looked corroded, etc. I warned
him about it and told him to make sure he shut off the water when he
was away on trips, but obviously, he didn't.

Good news is that the water was handled by the sump pump. Bad news is
a lot of water may have been billed. Not sure about the gas, as he
shut the thing off without finding out if the thing had been fired up.
The water coming out was cold, but at that flow rate, it could just be
that it couldn't heat it fast enough. He did say he didn't hear it
running. I'm hoping the water put the pilot out, but on the other
hand, from where it was leaking, it sounds like it was the anode rod
fitting area at the top of the tank that went.

Just wondering, does anyone have any experience in what happens with
the water or gas company in a case like this. Do they expect full
payment for the water/gas? Or if you can show it was an accident do
they negotiate or give you a break?

Also, what are views on the landlord's responsibility for paying for
the water/gas if the utility company does not? In the general case,
where it just happens to say a reasonably new water heater, it would
seem to me this is a grey area as to whether the landlord would be
responsible to pay for water. In the case of a 20+ year old water
heater, I think he has a much better case, as it's well known that
these things usually fail long before that, so it looks like a case for
negligence could be made.

The person "billed" for the account will be the one to pay. When I
had tenants, the lease specifically indicated they paid all utilities
and those accounts were in their names. Some things like garbage pick
up and association fees could not be placed in the tenant name, but it
was written in the lease that they pay them.

I always had an emergency fund for big items, like a broken AC, water
heater, etc. Tenants, by the lease were to notify me if any broke..

Wow, that's big of you. You THINK the landlord should fix the water
heater? As opposed to doing what? Some great landlord you must be.

Still don't like answers you get, so you must attack. Tell us the
tenant's responsibility in this case.

The tenant's responsibility for what? The landlord knew how old the
water heater was. The condo passed a CO inspection in Dec. What more
do you want? Just because I gave an opinion, that now turned out to be
right, that means the landlord has no responsibility?

As for attacking, call it what you want. But when a water heater
bursts and you say:

"I think the landlord should fix the water heater as he has a vested
interest keeping property in good shape."

I think it pretty much shows where you're coming from. Most reasonable
people would say the landlord must replace the water heater because the
landlord is responsible for it as a most basic part of the rental
contract.

PS: Just because the lease says the tenant pays the utilities doesn't
absolve the landlord from winding up having to pay in small claims,
because the issue obviously is that the tenant would not have incurred
this expense had the landlords 23 year old water heater failed.

The court has to WIND 'em up. Go ahead take up your friend's cause.
You may be his best advice, that he did not take before.

I had one leak and guess I lost about 500 gallons, just looking at the
bill that I paid. A neighbor lost somewhere close to 5,000 gallons
due to a main from the meter to the house that broke from a tree root.
The builder fixed the water line, I think he paid the water.

Oh my! The builder paid? Why would he ever do that instead of the
homeowner paying?

The builder planted the tree at or near the water line and was under
warranty, not like a 23 yo water heater..........

Whether the water heater had a warranty or not is irrelevant as far as
damages go. And I've never seen a home warranty that includes
coverage for paying for water or gas that was billed as a result of a
leak. The fact that the builder who paid for the repair and the lost
water, planted a tree nearby that contributed to the problem seems
pretty similar to a landlord choosing to continue using a 23 year old
gas water heater.

So, I'd say your example does prove that in at least some of these
cases, someone other than the homeowner/tenant does pay for the lost
water. We've also seen that others have reported utilities cutting
breaks to help as well.

Oren