Do I not have unlimited water?

[MountainDew]

What is the name of your state (only U.S. law)? OR

I lease a small commercial building. Water/sewer is included in my rent. My lease specifically says "The lessee shall pay for all heat, light, water, power, and other services or utilities used in the premises during the term of this lease". The word "water" is crossed out and initialed by the landlord, as it was when we signed the lease. There is only one water meter here for 8 people, everybody gets "free" water and pays for all the other utilities.

I've been out of town, and a few days ago I got a message from my landlord first asking me if there was a leak or something, and then another message that said my hose was running outside so they turned it off. Nobody has any idea why it was on or how long. I wasn't even there. (it's a public place, it's not uncommon for the neighbors to use my hose)

Now the landlord thinks I am going to pay extra for all the water that was "wasted". As quoted from my lease above, am I not allowed to waste all the water I want? I have never been given any restrictions on water use, oral or written. As I understand it, I should be able to let the hose run 24/7 if I feel like it. I don't, usually, but what's to stop me? I know some of you landlords won't like to hear that, but I didn't write the lease. Handwritten on the front of the lease is "Water included in lease price". That's what we all signed and copied.

Am I right to tell the landlord to go fly a kite? It was my hose that was on, but I wasn't even there and nobody knows how long it was on or who left it on. Being in a public place, I cannot control who uses it and the landlord doesn't want it locked or turned off. It's supposed to be for other tenants to use if they need it. The lease says absolutely nothing about extra fees for anything, such as late rent, over use of water, etc...

 

[Antigone*]

What is the name of your state (only U.S. law)? OR

I lease a small commercial building. Water/sewer is included in my rent. My lease specifically says "The lessee shall pay for all heat, light, water, power, and other services or utilities used in the premises during the term of this lease". The word "water" is crossed out and initialed by the landlord, as it was when we signed the lease. There is only one water meter here for 8 people, everybody gets "free" water and pays for all the other utilities.

I've been out of town, and a few days ago I got a message from my landlord first asking me if there was a leak or something, and then another message that said my hose was running outside so they turned it off. Nobody has any idea why it was on or how long. I wasn't even there. (it's a public place, it's not uncommon for the neighbors to use my hose)

Now the landlord thinks I am going to pay extra for all the water that was "wasted". As quoted from my lease above, am I not allowed to waste all the water I want? I have never been given any restrictions on water use, oral or written. As I understand it, I should be able to let the hose run 24/7 if I feel like it. I don't, usually, but what's to stop me? I know some of you landlords won't like to hear that, but I didn't write the lease. Handwritten on the front of the lease is "Water included in lease price". That's what we all signed and copied.

Am I right to tell the landlord to go fly a kite? It was my hose that was on, but I wasn't even there and nobody knows how long it was on or who left it on. The lease says absolutely nothing about extra fees for anything, such as late rent, over use of water, etc...

You are right, and you should refer your landlord back to the lease; but do not expect him to renew it when the time comes.

 

[justalayman]

As I understand it, I should be able to let the hose run 24/7 if I feel like it

well, not really. While the LL cannot charge you for your use, there is a point where wasting is going to come into play. He cannot simply say you are limited to 1000 gallons a month (or whatever) but if you were to simply waste water, I believe he could make claim against you. There is a point of reasonable use based on the type of business you run.

Along with that, there is the claim of you intentionally harming the LL by allowing the water to run 24/7 with no other purpose other than to cost the LL money. I would suggest he would be able to take some action to either reclaim his losses or mitigate the damages in the future.

 

[FarmerJ]

If the valve to shut it off is in the space you rent then once more just ask the LL if you can turn it off from the inside or padlock it with one of them padlocks that are designed for faucets and suggest that its the best way to prevent this from happening again and if any of the others want or need a outdoor faucet that they can install one with her consent and your certainly free to tell her your not paying for it just because you had your hose connected and someone else left it on. ( last remove your hose and store it inside your space unless your going to use it) Your also free to suggest to her that she can install sub meters and with lease renewals have the meters read every month and bill for water use according to a tenants actual use.

 

[Andy0192]

For once Mountain Dew - I think you're right.

I also think that your landlord will not renew your lease next time.

 

[MountainDew]

If the valve to shut it off is in the space you rent then once more just ask the LL if you can turn it off from the inside

I've done that before and it doesn't take long before somebody throws a fit. The other tenants are supposed to be allowed to use it, although I have asked them to use their own hose, but they generally don't.

No idea how much water got lost until the bill comes, but even if there is a huge spike there is no way to trace that to me. I'll tell her I'm happy to pay for every drop I use if she wants to install a submeter and prove it, but, I find that very unlikely.

As for a new lease, the place is for sale and I just might buy it...regardless, there will be a new landlord in the future, and it's about time...

 

[FarmerJ]

If you were able to buy it that certainly would end many of the situations you have encountered while there since you would be free to change leases at renewal times to address outdoor space use ,parking , smoking , butt cans , And if local code allowed you to do it your self sub meters for each spaces water , shut off the outside faucet. ETC BUT do lock the hose up inside , if they are gonna use the faucet no reason to make it easy for any one to wash cars or do anything else made easier because your hose was left out.