Water main cracked - who pays the inflated bill?

Disclaimer: The question below was submitted by a reader. Names have been anonymized. The information provided is for general informational purposes only and does not constitute legal, financial, or professional advice. Individual circumstances vary, and readers should contact their service provider directly or consult a qualified professional for advice specific to their situation.

Lisa, California April 25, 2023

Our main water line cracked and the landlord had it repaired within 24hrs of us discovering it. Still, our water bill is supposed to be more than double what it typically is. Is this our responsibility as tenants? Or does the increased water bill fall under the expense/cost of the repair to the landlord?

ConnectCalifornia followed up with Lisa requesting more information

ConnectCalifornia Expert April 25, 2023

Hi Lisa, good question - this comes up more often than you'd think. To give you the most helpful answer, can you tell me: roughly how much higher is the bill compared to normal? And do you know if your landlord has contacted the water company about a leak adjustment? Also, does your lease say anything about who's responsible for water charges?

Lisa, California April 26, 2023

The bill is usually around $80 and this month it's $190. I don't think the landlord has contacted the water company - they just forwarded us the bill. Our lease says we pay water but doesn't say anything about leaks or repairs. We definitely didn't cause this, it was just old pipes underground.

ConnectCalifornia Expert April 27, 2023

Good news - this one’s pretty clear-cut. The water main is the landlord’s infrastructure to maintain, not yours. You didn’t break anything. The water that leaked out wasn’t water you used - it was water lost because of a plumbing failure. That’s on them.

Most California water companies actually have programs for exactly this situation. They’re called leak adjustments - if a leak happened and got fixed quickly, they’ll often reduce the bill. Usually the landlord needs to submit the repair receipt to apply for it.

So: ask your landlord (in writing, so you have a record) to apply for the leak adjustment with the water company. You shouldn’t have to pay the inflated portion while that’s being processed.

If your landlord pushes back and tries to stick you with the extra cost anyway, you’ve got a solid position. Keep copies of the bills showing the spike, and don’t hesitate to loop in your local housing authority if they won’t cooperate. But hopefully it won’t come to that - most landlords understand that infrastructure failures are their problem to solve.

Outcome: Resolved

The water company approved a leak adjustment, and the landlord covered the remaining excess charges after the tenant provided documentation.

Updated June 15, 2023

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