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Your Hosts: William Bronchick, J.D. & John Merchant, J.D.

William Bronchick is a nationally-known attorney, author, and speaker. He has been practicing law and investing in real estate since 1990 and has been involved in over 2,000 real estate transactions.

He has trained countless people all over the country to become financially successful.

Bill has served as President of the Colorado Association of Real Estate Investors since 1996. He is admitted to practice law before the bars of New York and Colorado.

He is the author of many excellent real estate investing and asset protection courses.

John Merchant is retired lawyer and long-time real estate investor. He's owned commercial real estate of every type in a number of states. He's a frequent speaker at real estate investment gatherings and contributes real estate investing articles to various real estate newsletters and publications.

His current real estate focus is the operation and expansion of a foreclosure trustee company and mobile home wholesaling.

John's book Use of IRA and Other Retirement Plans in Real Estate Investing was one of the first to address this real estate investment tool and has had many printings.


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Old 03-28-2012, 11:26 PM
kangaroo888@hotmail.com kangaroo888@hotmail.com is offline
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Default Dealing with utility overusage by tenant

I manage a 4 unit apartment. The lease says landlord pays for water usage. There is only one water meter for the 4 units.

Over the past year, one tenant is noted to be using a tremendous amount of water, as evidence by observation of other tenants (ie. washing her foyer , daily), and water usage heard through the walls. Tenant likely has a psychological issue. My water bill is going through the roof !

I have spoken to the tenant...and met with denial.

I cannot formally document the usage of one tenant. How do I prove over usage ? Any landlord with this experience ? Any suggestions?

Thank you.
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Old 03-29-2012, 06:54 AM
John_Corey John_Corey is offline
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A couple of observations.

1. You appear not to have sub-meters to see what each unit uses.
2. You did not say anything about contract T&Cs concerning reasonable use. It sounds like the agreement just indicates the water is included in the monthly rent.
3. If there any valid and legal condition under which you can bring the tenancy to an end? I am not saying force her out in breach of the contract. I am suggesting that when it comes time to renew you refuse to renew.

Longer term you need to either accept this can happen or you need to deal with measuring and enforcing reasonable use. Your state laws might have some rules for shared water or it might not be covered. You could look into sub-metering where you pass on the share of the bill rather than have the water included in the rent. As this could be a bit of work, better tenant selection and then management (existing those who are abusing the water usage) might be better.
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Old 04-01-2012, 03:50 PM
John Merchant John Merchant is online now
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Use any valid reason to either force her out or require an amendment to lease setting forth some reasonable water use.

That amendment should be enacted in the other 3 leases as well.

I'm thinking 4 sub-meters are going to be necessary sometime soon, along w new water-use agreement.
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