Is management at my apartment complex legally supposed to give me water test report if asked for health concerns?
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Is management at my apartment complex legally supposed to give me water test report if asked for health concerns?
My girlfriend has Crohns disease and condition has gotten a lot worse. She knows its because of the water supply because of the horrible smell etc. The apartment complex has gotten there water tested since, and she has asked for 3 months noww for a report because of her health and they have refused. Are they legally supposed to deliver the report?
Asked on August 3, 2012 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, they are not legally required to give you the report. It is their report--they paid for it, and it belongs to them. The law does not make landlords share environmental or testing reports with tenants. You have two options:
1) Pay to have the water tested yourself--if you don't want to bring the testing company to your apartment, take samples to the tester. If the water is unsafe, you would then likely have grounds for a lawsuit, and could look to recover the testing cost as well as other compensation.
2) Sue the landlord if you are convinced the water is bad for your girlfriend's health. You could seek recovery of her medical costs, compenation for her worsened condition, etc. In the course of a lawsuit, there are legal mechanisms (e.g. a notice to produce documents; written interrogatories or questions) to get this report. Of course, you will not actually know if the suit--and its cost and effort--is warranted when you first file it, unless you do as per 1) above and get the water tested yourself.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, they are not legally required to give you the report. It is their report--they paid for it, and it belongs to them. The law does not make landlords share environmental or testing reports with tenants. You have two options:
1) Pay to have the water tested yourself--if you don't want to bring the testing company to your apartment, take samples to the tester. If the water is unsafe, you would then likely have grounds for a lawsuit, and could look to recover the testing cost as well as other compensation.
2) Sue the landlord if you are convinced the water is bad for your girlfriend's health. You could seek recovery of her medical costs, compenation for her worsened condition, etc. In the course of a lawsuit, there are legal mechanisms (e.g. a notice to produce documents; written interrogatories or questions) to get this report. Of course, you will not actually know if the suit--and its cost and effort--is warranted when you first file it, unless you do as per 1) above and get the water tested yourself.
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