Legal Question in Civil Litigation in Missouri

water

My husband and my self are rent to own our house. Our ''Friend'' moved in with us and said he would put the water in his name. Well our ''Friend'' didn't pay the bill and we had a water leak. The water got turned off. Not long after that he moved. We have tried to get the water turned on in our name. We have a disabeled child that is 12 and a 2 year old. She recieves SSI. My husband is legally blind. The water company says we have to pay $464.00 to get the water on. But the Bill is in our ''Friends'' name. And we do not have that kind of money. The house is in My husbands name and my name.


Asked on 4/08/03, 5:40 pm

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: water

There probably is not much you can do. Allowing your friend to put the water in his name was a bad idea. Although your friend is liable on the bill, the water company has no obligation to turn the water on at that address until the water bill is paid in full. This is especially true where there has not been a change in ownership. Moreover, even if you were to sue to force the issue, the water company could assert that you have "unclean hands" in that you allowed the friend to represent himself as the owner of the property for purposes of getting water service.

My best advice is to try to work out a deal with the water company to pay some portion of the water bill in payments.

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Answered on 4/08/03, 6:09 pm


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