If my lease states that landlord is to pay water and wants me to pay half or he will evict me, can he do that?

UPDATED: Mar 7, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 7, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my lease states that landlord is to pay water and wants me to pay half or he will evict me, can he do that?

The landlord came to me and said the water bill is to high and wants me to pay half. However, it says in the lease that he pays the entire bill, so I reused to pay and he says that he will take me to court over that. Is this legal?

Asked on March 7, 2012 under Real Estate Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A lease is a contract: both parties are bound by its terms, and neither party may, of its own accord, impose additional restrictions or costs on the other party, without the other party's consent. So if under your lease the landlord pays for water and there is no cap or ceiling on your usage, it would seem he has no basis for legal action. (Barring unusual circumstances--e.g. if he can show you are actually running a hose from your window to provide water to some other residence, that could be held to be against the intention of the parties when you agreed to the lease, and thus a breach of your obligations.)

In the future, such as when this lease is expiring, he may wish to only have leases that require the tenants to pay for water, or cap their usage--if he does that, it will then be a different story.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption