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  1. #1
    Pross001 is offline Member
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    Can I evict tenants for making a house unlivable since they don't pay the water bill?

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

    These people claimed I wasn't working hard enough to fix a problem to the house. So they complained to the City of West Palm beach. I was then cited for a code violation. I have fixed the problem. But, the inspector wont inspect the house with the water turned off. And the city wont turn the water bill on under my name because these people are still living there. This is because the residents haven't paid the water in months, they owe several hundred dollars. And, according to the City of West Palm Beach, a house is not considered livable with the water off.
    Last edited by Pross001; 10-25-2012 at 01:30 PM.
  2. #2
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Pross001 View Post
    What is the name of your state (only U.S. law)? Florida

    These people claimed I wasn't working hard enough to fix a problem to the house. So they complained to the City of West Palm beach. I was then cited for a code violation. I have fixed the problem. But, the inspector wont inspect the house with the water turned off. And the city wont turn the water bill on under my name because these people are still living there. This is because the residents haven't paid the water in months, they owe several hundred dollars. And, according to the City of West Palm Beach, a house is not considered livable with the water off.
    Evict them. However, realize they may not have to pay you anything else. What was the code violation?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    Pross001 is offline Member
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    The violation originally had to deal with a leak that I had trouble trying to detect.

    Basically, should I give them a 7 day notice to fix this problem, since it is a type of violation, and if they don't should I then evict them?
  4. #4
    Zigner is offline Senior Member
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    Or, pay to have the water turned on and bill them for it.
  5. #5
    Zigner is offline Senior Member
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    The house you are providing is unlivable. As such, you are not able to collect money from them.
  6. #6
    Pross001 is offline Member
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    Not having the water on is a violation due to the fact that the city has deemed so, it's a violation of the lease document since it's conflict of the Condition of Premise since they have made it inhabitable according to the City. I'm not paying the bill for them because I don't trust them to pay me back. I'm giving them the 7 day notice, and I 'll see what they say.
  7. #7
    Zigner is offline Senior Member
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    Quote Originally Posted by Pross001 View Post
    Not having the water on is a violation due to the fact that the city has deemed so, it's a violation of the lease document since it's conflict of the Condition of Premise since they have made it inhabitable according to the City. I'm not paying the bill for them because I don't trust them to pay me back. I'm giving them the 7 day notice, and I 'll see what they say.
    You will lose.

    Pay the bill and deduct it from their security deposit. Then, send a demand for them to replenish the deposit funds.
  8. #8
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by Pross001 View Post
    Not having the water on is a violation due to the fact that the city has deemed so, it's a violation of the lease document since it's conflict of the Condition of Premise since they have made it inhabitable according to the City. I'm not paying the bill for them because I don't trust them to pay me back. I'm giving them the 7 day notice, and I 'll see what they say.
    Do not rent again without a QUALIFIED ATTORNEY to assist you with tenant rights. As you have NO idea what you are doing.
  9. #9
    BL
    BL is offline Senior Member
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    Quote Originally Posted by Pross001 View Post
    What is the name of your state (only U.S. law)? Florida

    These people claimed I wasn't working hard enough to fix a problem to the house. So they complained to the City of West Palm beach. I was then cited for a code violation. I have fixed the problem. But, the inspector wont inspect the house with the water turned off. And the city wont turn the water bill on under my name because these people are still living there. This is because the residents haven't paid the water in months, they owe several hundred dollars. And, according to the City of West Palm Beach, a house is not considered livable with the water off.
    So ,the water was on at the time they complained of a leak ,several months ago , and several months ago you were cited ?
  10. #10
    Ohiogal is offline Senior Member
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    If it was a water leak, you really should pay the bill because YOU are the reason the water bill went high -- why? Because YOU failed to detect it and properly repair it. Don't you see your culpability in this?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  11. #11
    latigo is offline Senior Member
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    Quote Originally Posted by Ohiogal View Post
    If it was a water leak, you really should pay the bill because YOU are the reason the water bill went high -- why? Because YOU failed to detect it and properly repair it. Don't you see your culpability in this?
    I agree with you and Z. Bring the billing current and evict!

    Moreover I don’t buy his excuse for the delay in locating and repairing the H20 system. Someone did the repairs - (likely after he stopped acting like a plumber and dipped into his pocketbook.)

    But clearly he can’t allow the present state to continue to exist. It is creating a sanitation hazard and one that should be reported to the Florida Department of Public Health.

    The condition of that unit without a working facility for human waste disposal is one that I don’t personally care to visualize.
    Last edited by latigo; 10-26-2012 at 01:25 PM.
  12. #12
    xylene is offline Senior Member
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    Quote Originally Posted by Pross001 View Post
    I'm not paying the bill for them because I don't trust them to pay me back.

    You don't get it.

    You pay the bill. There is no repayment.

    Hire a lawyer for the eviction

    How exactly are these people maintaining basic sanitation without running water? Are they urinating and defecating on the floor?

    I can assure you that is costing you more that paying the bill.
  13. #13
    Zigner is offline Senior Member
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    Quote Originally Posted by xylene View Post
    You don't get it.

    You pay the bill. There is no repayment.

    Hire a lawyer for the eviction

    How exactly are these people maintaining basic sanitation without running water? Are they urinating and defecating on the floor?

    I can assure you that is costing you more that paying the bill.
    Actually, the OP can retain the amount he pays from the security deposit...
  14. #14
    LdiJ is online now Senior Member
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    Quote Originally Posted by xylene View Post
    You don't get it.

    You pay the bill. There is no repayment.

    Hire a lawyer for the eviction

    How exactly are these people maintaining basic sanitation without running water? Are they urinating and defecating on the floor?

    I can assure you that is costing you more that paying the bill.
    Most likely they are obtaining water elsewhere and pouring enough into the toilet to flush it.
  15. #15
    Searchertwin is offline Senior Member
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    Quote Originally Posted by Pross001 View Post
    What is the name of your state (only U.S. law)? Florida

    These people claimed I wasn't working hard enough to fix a problem to the house. So they complained to the City of West Palm beach. I was then cited for a code violation. I have fixed the problem. But, the inspector wont inspect the house with the water turned off. And the city wont turn the water bill on under my name because these people are still living there. This is because the residents haven't paid the water in months, they owe several hundred dollars. And, according to the City of West Palm Beach, a house is not considered livable with the water off.
    I assume they are still paying rent, you haven't said anything about it.
    So are they violating the lease? No
    When you accepted the rent, you have to keep the place livable. Anyway you look at it, you will be held liable to keep place livable when that money crosses your hands.

    But they did not pay the water bill. True, but why? Because you let a problem continue without fixing it in a timely manner which made the water bill skyrocketed.
    Can you evict them on not paying the water bill? No Why? Because you accepted the rent from them and again, not taking care of problem caused the rising water bill.
    Are you obligated to pay the water bill? Yes Why? Again, you failed to correct a problem causing water bill to rise
    Imo, you can deduct from sec deposit, but tenants would have a good argument for the return of the money for that reason stated above.

    You better be aware, that if tenants move due to no water, this is constructive eviction and you will be out more money. I believe they would win on this.

    Advice: Send a crr letter to tenants informing that you will pay the water bill due to your neglect. As of XX, you will have to have the water bill put in your name as stated in lease. Failure to do so will result in a notice to vacate.
    Than you will have the advantages of what is due you if they refuse to leave.

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