Property repairs: not on tenant's watch?

Q: I own a rental home some 150 miles from my primary residence. Recently, my tenant informed me that there was water flooding the backyard. She wasn't sure what the source of the water was at the time, but we both suspected the landscaping sprinkler system had malfunctioned or was leaking underground. We thought to call the local water authority to at least turn off the water, but it was closed for the evening. She said she would call the water authority first thing in the morning and get back to me.

When I hadn't heard from her by noon, I called her at work and she told me she had called the water department. They told her they could come out and shut off the water at the meter at the street, but that was the limit to their services in these situations. That sounded reasonable and would allow me to get someone out that day to investigate the problem and resolve it.

However, I was shocked when she told me that she refused because she didn't want to be without water in the home that evening. That meant that the water continued to leak and flood the yard all day.

I couldn't hide my anger very well when she told me she didn't want anyone in her house to make repairs while she was at work. In addition, she said I would have to pay for the wasted water. Can a landlord be held responsible for a tenant's water bill when she refuses to have the water turned off or refuses to let me get a repairman in to resolve the problem?

A: The failure of the irrigation system is the landlord's responsibility. You are also responsible for the costs of the repair work unless you can show that the tenant was negligent or intentionally caused the damage. Normally, you should always receive permission from your tenant to enter the rental home and that generally would include the yard as well.

However, you have an emergency situation and clearly the water needs to be stopped so that there is no further damage.

It does not sound like the tenant did anything wrong to create the flooding of the backyard, but you are concerned that the tenant refused to cooperate and made the problem worse. I think you have a valid point.

I understand that the tenant did not want anyone to enter her home -- that is not an unreasonable request if the repair is not an emergency. However, leaking water is an emergency even if it is outside, as the water could do a lot of damage to the yard, the rental home and even the neighbor's property if the quantity is significant.

These days, the cost of water in many areas is quite high, and the needless waste of precious water is not good. So I believe your tenant has an obligation to cooperate in any reasonable way so that you could quickly make the needed repairs. ...CONTINUED

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