We have a lease purchase on a manufacturing facility in a rural area. Our lease states we shall provide our own utilities. However, we are outside the city limits and unable to get a water meter. Currently we are running off the landlord's water meter (next door) and we pay the bill. The facility has always had water supplied this way, even before us. But since our relationship with the landlord has turned sour, he keeps turning our water off. Do we have any legal standing and/or rememdy to ensure access to water? (He is upset with/apparently blackmailing us for not meeting his demand to turn over property in our possession that may be involved in his bankruptcy suit - which he testified was in our possession. Since he did so, we don't wish to turn it over without knowing we won't be held responsible for it.) It's a messy situation with an unscrupulous character. Please help - this time we have been without water for 4 days and counting!
2006-08-07 01:44:39 · 8 answers · asked by hiddenhotty 4 in Politics & Government ➔ Law & Ethics
#1 The City won't allow us on their system - we are outside city limits. Plus I cannot find contact info. for rural water supply. However, we are awaiting a return call from the City water supervisor to discuss.
#2 We have been working with the attorney for his largest creditor (a bank) regarding the bankruptcy issues.
#3 Our attorney has said against previous threats to cut off water that we are basically powerless. I am not satisfied with that and wonder about his obligations as a landlord to ensure we have a water supply.
2006-08-07 02:35:13 · update #1
I agree with reatta67. Seems to me that despite the prior arrangement that you had using his water meter, you are still responsible for providing your own utilities (per the contract) and he can shut off his own water, if he wants. The water company probably has a requirement that you have your own meter anyway. (? - unable to get your own meter or very costly to get your own meter.) If you really can't get a meter, that is a different matter and seems to be a material term of the contract that can't be fulfilled, so you need to contact an attorney ASAP. Start to document your damages, but if your landlord is in bankruptcy, you probably won't be able to collect against him anyway...
Presuming you can get a meter, you just need to bite the ($$$) bullet and get your own meter installed. You can consult with an attornrey to determine your specific rights depending on your location. A consultation appointment should be very expensive and will get your questions answered.
But for the bankruptcy matter - I believe that you need an attorney to understand and protect your rights in the bankruptcy action and with regard to the property, his attorney isn't legally required to protect your rights AND I presume the bankruptcy action will affect your landlord-tenant relationship anyway - so you'd better have an attorney. If he's really unscrupulous, why wouldn't you have an attorney?
Good Luck.
2006-08-07 02:04:01 · answer #1 · answered by vbrink 4 · 0⤊ 0⤋
First, consult a lawyer.
Second, in order to have a certificate of occupancy there must be a water connection. If your landlord cuts off the water, and past practice has been water being supplied from another location or building your landlord may have just violated your lease. You may even be able to get legal relief if the landlord is cutting off your water because he is jeopardizing the C.O. Even if the property in question may be in jeopardy because of bankruptcy you have a legally binding lease which will protect your interests one way or the other.
2006-08-07 08:54:21 · answer #2 · answered by gonefornow 6 · 0⤊ 0⤋
I do not understand is how you can be on the city water system yet you cannot get your own meter/service from the city. If it is physically possible to do yet the city decides not to do it for bueracratic reasons, then you can petition the city to make this happen. If you are purchasing this building you will need your own water service anyhow. I don't know if you have to dig a well or dig a trench from the water main to the building but you will have to have your own water hookup regardless of how nasty the other guy is.
2006-08-07 08:59:01 · answer #3 · answered by Joe K 6 · 0⤊ 0⤋
You need a lawyer and fast. This is sticky because you're trying to wrangle it out with your landlord. You need a lawyer who knows lease laws to enter the fray and put him in his place. Personally, I don't think he has the right to turn off your water if you have a lease that both you and he have signed. And you need to know what legal responsibility you have for his property.
2006-08-07 08:49:21 · answer #4 · answered by sonofstar 5 · 0⤊ 0⤋
Get your lawyer involved quick. Between the lease and the property in the bankruptcy suit, anything else would be foolish.
2006-08-07 08:52:57 · answer #5 · answered by wizjp 7 · 0⤊ 0⤋
Only if you have the agreement written down and signed by both parties will it stand up in a court of law.
If you don't than he can do what he wants.
You may want to contact a lawyer and get a free consult over the phone and they can tell for sure what you can and can not do.
2006-08-07 08:51:11 · answer #6 · answered by Gabe 6 · 0⤊ 0⤋
Well hate to tell you this,but if it states you are responsible for your own utilities in the lease,he can turn it off.
You have no legal recourse to sue him.
2006-08-07 08:51:11 · answer #7 · answered by Anonymous · 0⤊ 0⤋
contact your health department imediately you cant go without water here tel them exactly what you have told us and demand they do something immediately tell em everything and fllor it too the phone etc dont waste time here!!
2006-08-07 08:49:58 · answer #8 · answered by Anonymous · 0⤊ 0⤋