Rental with well water

[porcelina68]

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

About a year and a half ago, my family moved into a house that has a well to provide our water. Last week, I received a notice from the Public Health Department that they will be evaluating the quality of ground water in our neighborhood, and to call and make an appointment. I did that this morning, no problem. The man called me back a few minutes ago, and told me that 3 years ago, the water tested with 3 times the legal limit of arsenic.

The house is a double, and the occupant on the other side was made aware of this, and she installed a reverse osmossis system. I don't know who owns the side that we live on, but it is managed by a company. Is the owner of the other side obligated to inform the management company of these findings, or would that be up to the city? What recouse would we have if we find out that we have been consuming this contaminate for the past year and a half?

On a side note: We use a PUR filter ALWAYS, but that does nothing for dish water and bathing.

 

[justalayman]

so, you let them test the water so you have evidence of the condition of the water. Once you have the results, if the water is not acceptable for consumption, you contact your landlord and demand they address the issue.

If it was me, until you get the results, and even after you get the results if the water is not potable, use bottled water for drinking, cooking, and anything where you might ingest it (brushing teeth as an example).


I have not found anything stating external exposure at the levels you speak of being an issue. You are apparently exposed to arsenic through many sources. The food you eat apparently often contains arsenic. It is also often present in the air. If you do have high arsenic levels in the water, you might also look into having your soil tested as well. There is often the possibility of ingestion due to contamination from the soil (especially children that might actually eat dirt). Such a source can also cause airborne arsenic as the soil is disturbed and the arsenic is picked up by the wind.

Here is a publication from the CDC :


http://www.atsdr.cdc.gov/phs/phs.asp?id=18&tid=3

 

[porcelina68]

Thank you

so, you let them test the water so you have evidence of the condition of the water. Once you have the results, if the water is not acceptable for consumption, you contact your landlord and demand they address the issue.

If it was me, until you get the results, and even after you get the results if the water is not potable, use bottled water for drinking, cooking, and anything where you might ingest it (brushing teeth as an example).


I have not found anything stating external exposure at the levels you speak of being an issue. You are apparently exposed to arsenic through many sources. The food you eat apparently often contains arsenic. It is also often present in the air. If you do have high arsenic levels in the water, you might also look into having your soil tested as well. There is often the possibility of ingestion due to contamination from the soil (especially children that might actually eat dirt). Such a source can also cause airborne arsenic as the soil is disturbed and the arsenic is picked up by the wind.

Here is a publication from the CDC :


http://www.atsdr.cdc.gov/phs/phs.asp?id=18&tid=3

Thank you. He actually moved the appointment from Thursday to tomorrow before he told me this. I don't know who actually owns our side - I think they live out of state, but once I get the results, I will contact the management company. I don't even know if my neighbor was living on that side 3 years ago, which was the last time the water was tested.

My hope is that the health department is pushing owners in our area to have city water installed. Indianapolis has been doing that quite a bit on our side of town over the past couple of years to get rid of septic tanks. Funny thing is, we are hooked up to the city sewer system, just not the water.

 

[FarmerJ]

porcelina68 A gentleman friend of mine who lives in a rural area outside of Bloomington Indiana where most are on public water & newer homes like his are on septic system. With this property being a two family home if the water line comes into the other side of the house first maybe you got lucky there and the system installed is covering the whole structure the results will be the tell tale. BTW if each half of the home has its own address , your county property tax desk can tell you who owns it and what the owners mailing address is.

 

[porcelina68]

New question regarding this situation

We got the test results back. Indeed, there is 3 times the acceptable level of arsenic in our well water. The management company seems to think that a simple chlorine disinfection will suffice to make the water potable, which it will not. The health department actually recommended a reverse osmosis system be installed on our side, too.

Can we legally break the lease because they aren't providing safe drinking water? (They were provided with a copy of the report by the Health department about 3 weeks ago, and have yet to even do the disinfection.)

 

[justalayman]

I would contact a few water treatment companies to find out what, if there is anything, that is rated to remove the contaminant.

 

[OHRoadwarrior]

Unpotable water is a reason to break your lease. That said, you must follow notification requirements in the law and your lease, before breaking it. Landlord is entitled to have time to remedy.

 

[FarmerJ]

I would take a different approach since your county health dept should have sent to the recorded owner a copy of the report too , If it was me I would call the health department back and tell them what this property manager said they were going to do so you would like to have a copy of the order they gave to the LL to correct it. ( you want to know how much time they gave the owner to correct it and if they did not do it then you want them deal with it. IF your LL refuses to fix it then it becomes your problem since the health department would have the right to condemn your unit and theres not a dang thing the LL can do about it since condemnation = a canceled lease.

 

[porcelina68]

Ok, Landlord had reverse osmosis system installed

I would take a different approach since your county health dept should have sent to the recorded owner a copy of the report too , If it was me I would call the health department back and tell them what this property manager said they were going to do so you would like to have a copy of the order they gave to the LL to correct it. ( you want to know how much time they gave the owner to correct it and if they did not do it then you want them deal with it. IF your LL refuses to fix it then it becomes your problem since the health department would have the right to condemn your unit and theres not a dang thing the LL can do about it since condemnation = a canceled lease.

Yesterday, July 24th, the Property Management company had a reverse osmosis system installed at the kitchen sink for our drinking/cooking water. My question now is do I have the right to deduct the cost of bottled water that I have used (at the advise of the Health Department) for the last 2 months from the rent?

 

[OHRoadwarrior]

A month to remedy an water installation problem is not unreasonable. You can ask.

 

[FarmerJ]

Id like to know if your county health department seems to think that one sink is just fine since some people do indeed really drink water from a bathroom sink.

 

[OHRoadwarrior]

Id like to know if your county health department seems to think that one sink is just fine since some people do indeed really drink water from a bathroom sink.

Good point. I missed that.

 

[FarmerJ]

A landlord could never get away with telling a tenant `keep children away from the window sills since the house may have been painted with lead based paint in its past` SO since its possible for any tenant (including tenants children , tenants guest ) to ingest water from a bathroom sink I think its fair for you porcelina68 to insist on that issue being answered because until city water becomes available (LL forced into a hook up) this is not likely to go away.

 

[porcelina68]

Update - and new problem

I spoke with my neighbor over the weekend (she owns the other side of the double), and she told me that they were going to come out this week to retest the water. She stated that if it wasn't found to be improved, they would condemn the house.

I have never been in a situation like this before. What is likely to happen then?

 

[LdiJ]

I spoke with my neighbor over the weekend (she owns the other side of the double), and she told me that they were going to come out this week to retest the water. She stated that if it wasn't found to be improved, they would condemn the house.

I have never been in a situation like this before. What is likely to happen then?

If they condemn the house, you will be required to move out. In that case the landlord cannot hold you to the lease or keep your security deposit.