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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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A water pipe (PVC) broke underground, under my mobile home.

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A water pipe (PVC) broke underground, under my mobile home. This line was there when I moved my home there. I paid to have it fixed, but the landlord says I am responsible for the use of excess water being spewed out from the leak. He refused to repair the leak and I was without water for 5 days. Who is responsible for the repair and for the excess water, the landlord or me, as I own my home. Only renting space.
Thank you for your question.

My apologies but the landlord here is not correct. If the pipe broke underground where you had no ability to check or know that the pipe was defective, that liability remains with landlord and not you. Anything visible that you attached would make you liable for those repairs, and for water from that leak, but not from a leak that was caused by poor maintenance from the landlord. Therefore you can demand that he reimburse you the repair costs and cover the water bill overage, or you will pursue it via the courts. This is a situation where you will be able to prevail (there is no guarantee but this is a VERY strong case against the landlord) if you take this to landlord-tenant courts.

Good luck.
Customer: replied 5 years ago.
One more point. Can the landlord legally evict me from his lot, if I refuse the pay the excess water usage due to the underground leak?
Thank you for your follow-up.

Can he evict you? He can try, but you can pursue him for damages instead. Should he try to evict you without going to court, that would be an illegal eviction--he cannot utilize self help. And if he tries to take you to corut over this debt, once you show the judge what took place, he will likely dismiss the other party's claim. Just make sure to actually appear in court to fight it.

Good luck.
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