2 family duplex. water supply is a well for both families. the tenant with control of the water pump has turned off water to the other tenant due to an argument. the tenant now without water has no access to turn water back on. police claim they can do nothing. any recourse?
Country relating to Question: United States
State (if USA): New Jersey
talk to offending tenant. wont answer phone
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.You mention two tenants...are both tenants paying rent to the same landlord?
yes i am the landlord
EasyYou are responsible. The tenant with no water has recourse against the landlord. When a landlord take money in return for property, they give what is called an "implied warranty of habitability". Basically, they guarantee that the property will be livable.In this case, the tenant who has been deprived water can sue you for the decrease in value of the property based on the actions of the other tenant.So what can you do?You clearly have a claim against the tenant who caused this mess. IF they will not fix the problem, you can evict them. AND you can sue them for any money you loose because of this.YOu would need to give them notice first, in writing, and time to fix. But what you describe? It should not take long to fixAnd as the landlord, if you retained keys, you can access the property and make the changes yourself. But I would start with notice to the tenant and demand they fix the problem, letting them know if they refuse you will evict them. Then if they refuse? Head to the county court and file an eviction notice to start the process to evict and if you can, enter the property and correct the problem.
already started eviction process and tenant already notified in writing. tenant trying to be vindictive towards me and the other tenant. any other recourse?
If there is any indication that the vindictive tenant may become violent, you can go to court and ask for a temporary restraining order...this is something that can happen very quickly. But only if there is indication of threat to safety.
no quick fix?
That is a quick fix...the court can issue a temporary restraining order in a day or so...that is very quick for the courts systemAnd as I mention, you can use "self help" if you have a key and can access the property.
Real Estate Law Expert
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