Help!! What should I do!??!

[taraprather]

Here is the situation. I moved into my house 2 1/2 years ago. Our landlord sucks(we rent)! But anyways, about 3 months ago we get a water bill for almost $600.00. I called our landlord and he sent a plumber out. The plumber came and found out it came from the water heater. Well, the plumber called and told my landlord and the landlord told me he would approve a payment plan to the water company (for me to pay in installments). Well, I didn't know any better at the time that it is not my responsibility due to it being from the water heater. I have been paying on this water bill for 3 months now (still owe about $300.00). Well, I know it's not my fault now so I wrote my landlord a letter and sent our rent check in the amount of $100.00 (our rent is $600.00). I know, I should have called but I was a chicken crap. Anyways, this was yesterday and today our landlord calls and says this is bull crap, it was months ago and he's not responsible and that he don't even remember this ever going on. I told him I sent him the original water bill when I first got it because he ask for it. He said he don't like getting $100.00 rent check when he has other bills to pay. I told him I would be more the happy to pay the other $500.00 for this month, but then I would deduct the full water bill amount for next month, that way he has a heads up. He said he needs to look into it further, but wants me to run the $500.00 to him today.
What should I do? Should I put the money in an escrow account until he gets this taken care of? If he kicks us out over this, we DO have somewhere to go! So what are my legal rights here? I'm so worked up over this.
Sorry for this being so long, and thanks for reading!

 

[Erin1700]

ask the water company to send you a copy of the original bill, get copies from the plumber too. look in your contract and find and copy all related material (what he is responsible for ect.) take it to him and see what happens. I would not just fork over the money though.

 

[CEDmom]

Why would the water heater be causing a $600 water bill ? Is it leaking? Didn't you notice anything wrong with it? I also don't get what the plumber has to do with you going on a payment plan. Those kinds of plans are available to anyone. I don't think you can take it out of your rent since you haven't filed any kind of grievance with your landlord.

I'd pay him the rent and then send a certified letter explaining you want the water heater fixed/replaced and resolution of the $ you paid the water company. If the landlord knew something was wrong and didn't fix it he owes you but if he didn't then I think it's debatable.

 

[Tybug]

How can a hot water heater cause a $600.00 water bill that doesn't cause other damage to the home/apt.?

Being a landlord myself, I would be a bit peeved if one of my tenants decided to take it upon theirselves to lower the rent. If it was discussed beforehand(especially since this happened months ago) that would be one thing.

I think you have no choice but to pay the $500.00. Then go through the correct channels to have it reimbursed.

 

[taraprather]

Why would the water heater be causing a $600 water bill ? Is it leaking? Didn't you notice anything wrong with it? I also don't get what the plumber has to do with you going on a payment plan. Those kinds of plans are available to anyone. I don't think you can take it out of your rent since you haven't filed any kind of grievance with your landlord.

I'd pay him the rent and then send a certified letter explaining you want the water heater fixed/replaced and resolution of the $ you paid the water company. If the landlord knew something was wrong and didn't fix it he owes you but if he didn't then I think it's debatable.

Actually, in our area, if you rent and need to set up a payment plan, the landlord has to approve that. When we went on vacation a couple months ago we came home to our laundry room flooded with water. I immediatly called our landlord and told him about it. He didn't really say much. I told him our carpet was drenched and I ask if you could replace it. He said there is no need to replace the carpet and to just put towels on it so it can dry. Like I said, he SUCKS as a landlord. We've been here for almost 3 years and he has stopped by 1 time!!! The only reason he stopped by then was because the owner (who lives out of the country) was in town and wanted to see how the landlord was 'keeping up' with the house!

 

[mrsv98]

At least in IL, failure on the part of the landlord does not excuse the tenent from rent. You are responsible for the rent and have to deal with the other money in a different manner.

The only way out of the rent is for the landlord to agree to it and even then I would get it in writing and notorized. Unfortunately, you took responsibility and now it falls on your shoulders. Unless the landlord agrees, the only way to get the money back is to sue him in small claims court.

Of course statutes vary state-by-state and the best advice I can give you is to contact a lawyer in your state. JMHO

 

[Tybug]

Okay, you have given much more information in your latest post...

Your water company sounds like ours. The water is actually in 'our' name and not the renter's. So yes, the payment plan would have to run through the owner. It also sounds like you are going through a management company or person who is managing the property for the actual owner.

There was obviously damage caused by the hot water heater. I don't understand why the reimbursement was not discussed at the time that it happened... It should have been discussed at the time of the damage and decided who would pay the bill.

Even though I agree that the damage and the water bill should have been paid by the landlord/owner/management company... I still think you should pay the rent in full(why didn't you deduct it the first month after the damage and just pay the water bill in full instead of waiting a few months?????) and then follow the correct channels to have things adjusted.

 

[LadyyRedd]

At least in IL, failure on the part of the landlord does not excuse the tenent from rent. You are responsible for the rent and have to deal with the other money in a different manner.

Same here in MD. You can't just take it upon yourself to deduct from your rent. Sorry!

Kimya

 

[The Mystery Machine]

I would pay the rent appropriately and then learn from this lesson.
You cannot pay less in rent and get away with it. Your credit can get ruined. It is NOT worth it for the long run!!!
If the landlord is so bad when your lease is up...get out!

 

[Sherri]

Pay the rent and contact the actual owner. Sounds like he needs to know his landlord is slacking off. The landlord should have reimburst for the damages by the hotwater heater.