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whose liable, tenant or landlord?

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obie

Member
What is the name of your state? NY

Who is liable for this water bill.

As per contract, tenant pays water bill. In rented house there is a main sump pump, and a back up that runs soley on water should the main pump break down.

After rain storm, basement floods, tenant calls landlord to inform him of flood, while there, landlord see's the main pump had malfunctioned at least 30 days prior, so back up sump pump had been doing all the work running up the water bill, since the back up runs on water. Tenant was unaware main pump had stopped working. Water bill arrives at $900, due to the back up pump running so long, whose responsible? Tenant because they never noticed the pump stopped, or landlord because they own the property, and therefore are responsible for repairs that are caused by "acts of god" or a "malfuntion"????
 


Zigner

Senior Member, Non-Attorney
obie said:
What is the name of your state? NY

Who is liable for this water bill.

As per contract, tenant pays water bill. In rented house there is a main sump pump, and a back up that runs soley on water should the main pump break down.

After rain storm, basement floods, tenant calls landlord to inform him of flood, while there, landlord see's the main pump had malfunctioned at least 30 days prior, so back up sump pump had been doing all the work running up the water bill, since the back up runs on water. Tenant was unaware main pump had stopped working. Water bill arrives at $900, due to the back up pump running so long, whose responsible? Tenant because they never noticed the pump stopped, or landlord because they own the property, and therefore are responsible for repairs that are caused by "acts of god" or a "malfuntion"????
The landlord can't fix what they don't know about. Seems to me you are responsible for the water bill and they are responsible to get the pump fixed.
The answer would be different if the LL had been notified about the broken pump and failed to do anything about it.
 

south

Senior Member
Is there a clause that states tenant must notify landlord of any problems etc



obie said:
What is the name of your state? NY

Who is liable for this water bill.

As per contract, tenant pays water bill. In rented house there is a main sump pump, and a back up that runs soley on water should the main pump break down.

After rain storm, basement floods, tenant calls landlord to inform him of flood, while there, landlord see's the main pump had malfunctioned at least 30 days prior, so back up sump pump had been doing all the work running up the water bill, since the back up runs on water. Tenant was unaware main pump had stopped working. Water bill arrives at $900, due to the back up pump running so long, whose responsible? Tenant because they never noticed the pump stopped, or landlord because they own the property, and therefore are responsible for repairs that are caused by "acts of god" or a "malfuntion"????
 

bsn1

Junior Member
Landlord should check on the property at regular intervals, and should be responsible for the repair and the bills. Had the landlord been on top of it, he would have discovered this on his own, even without your informing him.
 
I

incircles

Guest
After rain storm, basement floods, tenant calls landlord to inform him of flood, while there, landlord see's the main pump had malfunctioned at least 30 days prior,

Did you and the LL talk of the malfunction and what was to be done?
 

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