Water leak (apartment, lease, rental property, security deposit)
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I rent a place in Texas that was managed by a property management company for an owner that lives out of state. There was an under ground water leak that tripled my water bill. I informed the property management company about the issue as soon as I was aware of it. They delayed settling the issue with me and the apartment has been sold. I do not feel the new owner's should be held responsible. The property management company says it is no longer there problem. I feel the issue happened on their watch, they should be the one to settle it. The owner lives out of state. Can I file a claim in small claims court against the property management company.
Thanks, Dean
a friend of mine had something similar happen to him. it was an unmetered water line under his backyard and the pipe burst............so u can imagine what happened in the winter......there was so much water that it would actually get a few feet out of the ground before freezing and then creating a skating rink kind of atmosphere in his yard......and the city wanted to bill him for it.
so finally the city had to come fix it and they erected a fence around the water line......on his property. so technically they should be paying him rent which i think he's fighting the city for.
Have you spoken to the new owner and let him know what's been going on? Assuming the property management company is no longer responsible for handling the property and the new owner is doing the management job himself, he may have purchased the property subject to all claims against it and thus may well be responsible. Presumably you put everything in writing and have a paper trail?
a friend of mine had something similar happen to him. it was an unmetered water line under his backyard and the pipe burst............so u can imagine what happened in the winter......there was so much water that it would actually get a few feet out of the ground before freezing and then creating a skating rink kind of atmosphere in his yard......and the city wanted to bill him for it.
so finally the city had to come fix it and they erected a fence around the water line......on his property. so technically they should be paying him rent which i think he's fighting the city for.
If it was unmetered, there is no grounds for the City to charge anyone for the water. If the water line belonged to the City they probably have an easement for it, so your friend can't charge them rent and they have every right to be there. If there is no easement then your friend will probably prevail and can force the City to buy an easement or move the water line, or they can take it through eminent domain, which includes them paying fair market value for the easement. If there is no easement your friend can probably sue the City for damages if he can prove any.
I rent a place in Texas that was managed by a property management company for an owner that lives out of state. There was an under ground water leak that tripled my water bill. I informed the property management company about the issue as soon as I was aware of it. They delayed settling the issue with me and the apartment has been sold. I do not feel the new owner's should be held responsible. The property management company says it is no longer there problem. I feel the issue happened on their watch, they should be the one to settle it. The owner lives out of state. Can I file a claim in small claims court against the property management company.
Thanks, Dean
The City where I live, Austin, TX the utility will often forgive the cost of something like this one time per year, if you provide proof that the waterline was repaired. You should try that first. If the utility account is in your name, you may have difficulty getting the property owner to pay for the utility cost. I would continue to pursue the claim with the original property management company until they provide you with some legal statement that someone else is now responsible for it. I hope you notified them in writing originally. If they have already indicated that they no longer have any responsiblity in writing then I would pursue the new owner.
If it was unmetered, there is no grounds for the City to charge anyone for the water. If the water line belonged to the City they probably have an easement for it, so your friend can't charge them rent and they have every right to be there. If there is no easement then your friend will probably prevail and can force the City to buy an easement or move the water line, or they can take it through eminent domain, which includes them paying fair market value for the easement. If there is no easement your friend can probably sue the City for damages if he can prove any.
the city knew about the pipe and it didnt start leaking above ground til recently. so who knows how long the pipe was breached.
i dont know the specifics so i cant really give u much of an answer beyond that
I rent a place in Texas that was managed by a property management company for an owner that lives out of state. There was an under ground water leak that tripled my water bill. I informed the property management company about the issue as soon as I was aware of it. They delayed settling the issue with me and the apartment has been sold. I do not feel the new owner's should be held responsible. The property management company says it is no longer there problem. I feel the issue happened on their watch, they should be the one to settle it. The owner lives out of state. Can I file a claim in small claims court against the property management company.
Thanks, Dean
My experience is that you name everyone connected if you want the build the strongest case... current landlord, past landlord, Brokers and Management Company(s)
The judge can sort it out.
I have only filed a notice of Lis Pendens once and it saved me...
It's a notice that lets everyone connected with a property know of a pending suit...
Time is not on you side and hopefully you have a paper trail chronologically ordered in support.
It is also important to have a dollar amount...
I will not buy or sell rental property without an estoppel letter from each tenant...
This deals with any unresolved issues so the new owner goes in with eyes wide open and also covers things such as lease terms, security deposits and arrears...
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