Legal Question in Landlord & Tenant Law in Kansas

I own a trailer in a small trailer court where the landlord pays the water bill, and water is covered by our lot rent. I got a letter today saying that their water bill is to high and we can no longer water our lawns, or wash our cars. I took out my lease contract and didn't see any part of it that said we couldn't water our lawn or wash our cars. I did find a specific part that said we could have gardens which to me if anything implies we can water our lawn because you have to water gardens almost always.bb If their water bill doesn't come down they are going to sum master meter our trailers and charge tenets for water. Can they do this legally restrict our usage of water and then force us to pay for our own because their bill is to high?


Asked on 8/09/11, 9:23 am

1 Answer from Attorneys

Anthony Smith LawSmith

this question fall sinto a gray area of the law. It appears on its face that an agreement to provide water, will allow you to use it for any reasonable purpose. If they affirmatively allow you to have garden (as opposed to just not trying to evict tenants who plant a garden) then the free water should include the use to water your lawn and perhaps to wash your car. But, if the water is free, then some courts may find that that allows the landlord to limit its use. If they have meters installed, so tha teach tenant pays their own water bill, then they may no longer be able to prohibit reasaonble use of water on the premises.

[The issue as to what happpens to inividual rneter charges for renters in the middle of their free water lease, is not discussed here, but may be relevant.]

If you jsut continue to water yrou lawn or wash your car, you might be subject to eviction for violating yrou lease agreement. Many leases make note of information that will be posted or mailed, as becoming part of the lease, when sent. Not having seen yoru lease, it is impossible to determine if you are oin that situation.

You could easily spend several hundred dollars in legal fees to win much less. If you wish to continue watering your lawn and washing your car, you might offer to pay an extra $10-20 pe month during these dry months. It may be the least expensive way for you to keep the peace and enjoy your property.

Good luck

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Answered on 8/09/11, 1:33 pm


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