QUESTION: My tenants received a huge water bill and suspected that something was wrong with the plumbing. An inspector from the water utility company discovered that underground pipes were broken just behind the meter. I know that I am responsible to fix the pipes, but the tenants expect me to pay several hundred dollars for their water bill as well. Our agreement states that tenants must place all the utilities in their name, and that they are solely responsible for paying the utilities.

Must I pay their water bill?

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ANSWER: Yes. Your agreement requires the tenants to pay for their use of water, not for water that is lost because of the condition of the pipes. According to state law, you must provide your tenants with plumbing that is in good condition and free of leaks. Therefore, not only are you responsible for having the pipes repaired, but you are also responsible for paying that part of the bill that was for water wasted because of the broken pipes.

In general, you may assume that your tenants used the same amount of water as they did during the same month of the previous year, if there were no changes in their family composition. This assumption might not be appropriate for new tenants; if you and your tenants need help in ascertaining who owes what, call your local mediation program.

When Lease Runs Out Who Cleans Chimney?

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Q: My wife and I are renting a home on a one-year lease that expires in a couple of months. We have already told our landlord that we will not be renewing our lease. Our landlord asked us if we wanted the telephone number of a service that cleans fireplace chimneys. I have a feeling that if we do not have the chimney cleaned before moving out, he will have it done and deduct it from our security deposit. When we first moved in, it was clean. We have not used it excessively, but the inside has gotten dirty from normal use. shouldn’t the maintenance of the fireplace be considered as part of the monthly rent, or are we expected to have the fireplace and chimney professionally cleaned at our expense before moving out?

A: Tenants have the responsibility to leave the rental unit in the same condition as when they moved in with the exception of ordinary wear and tear. Because the house included a fireplace, it is realistic for you to assume that you could use it. The cleaning and upkeep of the chimney however, should be the responsibility of the owner. He should expect to have to maintain the chimney in the same way as he has to maintain the furnace, the hot water heater and the exterior painting of the house; all these maintenance jobs are considered as a normal cost of doing business.

Old Tenant Wants New Deposit Break

Q: When I moved into my apartment the management required a $300 security deposit. Now, because the rental market is slow, the management no longer requires a security deposit from new tenants moving in. Since they made this change of policy, shouldn’t I be entitled to get my security deposit back immediately instead of at the end of my tenancy?

A: No, you are not immediately entitled to the $300 security deposit. Each tenant has an individual lease agreement with the management, and the terms provided in each agreement can be different depending on the circumstances concerning the tenancy. As long as the terms do not illegally discriminate or retaliate against the tenant entering into the agreement, it is legal for the management to use and change them at their discretion.

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Considering the present market, you may want to talk to the manager, who may be willing to refund your security deposit instead of losing rent if you decide move out.

Regardless of your agreement with the management, keep in mind that new tenants moving in are not exempt from liability for damage at the end of their tenancy. Although there is no security deposit from which to deduct it, the management can still bill and collect the cost from the tenant. Likewise, if you leave your unit in an acceptable condition at the end of your tenancy, you are entitled to a full refund of your deposit.

Can Manager Stop Tenants’ Soliciting?

Q: I am trying to find a place for two young missionaries from my church. I went to my apartment manager to see if they would rent the available unit, but she told me that she did not want to rent to any “religious group” because she did not want them preaching or soliciting on the premises. Can she refuse to rent to them?

A: No, your manager cannot refuse to rent to the two young missionaries just because they are from a particular religious group. It is against federal law to discriminate against someone for their religion. However, the manager can prohibit the men from soliciting on the complex grounds as long as she does not allow any type of solicitation as a general policy.

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