Landlord Question and Answer Forum

Our renters have not paid rent. we gave them 3 day eviction notice. still did not move. They have electricity in their name but there is association dues they are suppose to pay, which includes water. They are about $800. behind in dues. The home owners assoc. is going to shut off water for non payment. Are we liable for water bills ? part of the agreement is they pay all dues in exchange for lower rent. Can they sue us for water shut off even though they are suppose to be paying it ?

Well, in most states, the landlord is ultimately responsible for the water bills being paid (if you want it turned back on), but you can still include it along with back rent when you take the tenants to rent court. As for them suing you, anyone can sue you at any time, but they don't have a leg to stand on if it's explicitly stated in the lease that they're responsible for paying the water bill.

Posted by Ralph F, CA on Thursday, February 26, 2009

Much of this depends if the water is billed directly to them in the tenants name. I am assuming that since it is part of the "association dues"; this item is in your name. I would believe it would be your responsibity to pay for it and then go after the tenant for the unpaid amount. IF you have already sent them required notice for eviction; I would complete the process and file in court for their removal.

Posted by Donna , NC on Monday, March 2, 2009