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Updated almost 2 years ago,
Tenant vs. Home owner rights
Lease status: Started June 1st, 2022 through April 30th 2023.
Situation and history:
- -Insufficient and inconsistent running water issues started Jan 12 - Feb 2, 2023
- -Property management company and owners engaged multiple plumbers to fix (4 different companies) with about 6 visits to date. Keep in mind that the property is in a small mountain community with limited resources (plumbers) that are usually weeks out at a time. Also issue occurred over winter with feet of snow outside and frozen ground.
- -The latest conclusion was that the well is under-producing to meet household usage demand. And to prevent the well pump from pulling up dirt and clogging up the pipelines (which it did once already) and risk burning the pump itself a sensory shut off was installed at the pressure tank to stop the pump for 60 minutes at a time after it senses low water to allow the well time to replenish. This means there is no water to the house in the meantime for at least 60 minutes at a time and possibly longer if water levels are not sufficient.
- -A permanent solution is to install a cistern water tank system but that cannot be done over the winter and likely available after ground thaws; after lease ends.
- -The property owner has discounted 100% of rent over the 22 days of the water outage and during discovery to identify the root cause up to this point.
- -Property management company have provided tenants with additional housing alternatives to move into ASAP at the same total rent cost to tenants. However, tenants haven't taken up the offer for alternative housing as they look for something more affordable (even less than they are currently paying). Housing is very limited in the area so it is not easy for tenants to find alternatives.
- -Tenants have not paid February's rent.
- -No one (owners, property management, nor tenants) knew what the well capacity and limitations were going into the lease. There were no reports of water issues from June through January 12th. But now we know...
Here comes the questions:
- -The tenants signed a lease through April 30 and expect uninterrupted running water (rightfully so) but now that we know the limitations of the well and water does run, but pauses from time to time, are the tenants still warranted a discount after Feb. 2nd? Especially since alternative housing was provided but not taken up on?
- -Is the owner due rent by the tenants after Feb 2nd even when there are water interruptions?
- -Tenants have withheld February rent payments (and likely will through the end of April); is the owner allowed to evict tenants due to failure for rent payments in the meantime?
All parties are trying to resolve the issue amicably but the water issue will likely stay through the end of the active lease. Any advice on what RIGHTS that the tenants and owner have in this situation would be greatly appreciated. Thanks in advance.