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Well Ran Dry on Rental, Landlord Wants to Break Lease

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  • 11-18-2015, 07:17 AM
    Mak13
    Well Ran Dry on Rental, Landlord Wants to Break Lease
    My question involves landlord-tenant law in the State of: Virginia

    We have been in this rental for about 6 months, we LOVE this place, we have even talked to the landlord about buying it after the rental term is over. It's an older home, it has a 600ft slow filling well that in the past week has suddenly run "Dry". First of all the plumbing company the landlord uses stated to the landlord they believe the well is running dry (from past visits) BEFORE they even came out to check equipment. They did come out, checked the pressure switch (gets power seems ok), he listened to the pump down the well, sounds ok, but it is not submerged in water.

    Plumber tells landlord her option at this point is to pull the pump up which would just confirm their strong opinion that the well is dry. Her response to me was the same, it would be a costly endeavor just to confirm the opinion about the dry well. She indicated she has no intention of doing this, and based on the plumbing companies recommendation to "Not use the water for a few months to see if it comes back" she wants to break the lease and we can find somewhere else to rent. She blames it on the previous tenants negligence as to why the well is in such bad shape, but the plumbing guy told us there have always been problems with this well, and a new one needs to be dug.

    I find her (the landlord) response quite irritating. I live in a rural area, there are not many rentals available and it is not a simple task to just run out and find one that is even close to comparable. We've put alot of work into this place with the intent on buying in the future (which I realize is neither here nor there, except to indicate our attachment to this place). From everything I have looked up she can't just break the lease. I responded to her that we loved this place and we were willing to deal with the inconvenience while we found a workable solution to fix the water problem. We are in good standing with rent, there are no financial or other reasons we could be kicked out, but after browsing about for a solution to this problem, it seems to me that her ONLY easy way out of this is to try to find some kind of cause to evict us and be done with it. I don't know if she has the money to dig a new well, or if the timing is bad, or what her intent for the place is. She had put it on the market when her job transferred to the west coast, the market crashed, she lost at least $40k on the place, it wouldn't sell so she ended up renting.

    I believe she would like to get out from under it, but I am not in a position to jump in a buy right this minute, the earliest I could be ready for that is probably about 6 months. But back to the issue at hand, if I have to uproot my family I am looking at trying to find a new rental, pack and haul everything, right before the holidays, it's all a huge headache, and the bottom line is... I don't WANT to move, I want to stay. I'm former military, I have traveled and lived in some extreme environments, I don't mind the inconvenience of living half "off the grid" and finding some alternative water solution for a month or two, and I don't think it's a bad experience for the kids to learn how solve problems and work through experiences rather then pull the plug at the first sign of trouble. I have expressed this willingness to work with her to the landlord, but got no direct response other then "This really is a bummer, I would never have rented it out again if I knew what bad shape the well was in."

    Exactly what can I expect from this situation? I don't want to bankrupt her by making her dig a new well if it's a financial call for her (although I suspect that is not the case), but I am not up for just moving for the sake of her convenience in this situation. I would like to find a solution to make everyone happy here, and I really do love this place.

    Thanks for any advice!
  • 11-18-2015, 07:29 AM
    Mr. Knowitall
    Re: Well Ran Dry on Rental, Landlord Wants to Break Lease
    Should we work from the assumption that you're six months into a one-year lease term?
  • 11-18-2015, 07:58 AM
    Mak13
    Re: Well Ran Dry on Rental, Landlord Wants to Break Lease
    Yes, sorry :)
  • 11-18-2015, 09:39 AM
    Mr. Knowitall
    Re: Well Ran Dry on Rental, Landlord Wants to Break Lease
    A landlord has a duty to provide running water. If your landlord does not want to do that, your landlord has a number of options, including: (1) Buy out the remainder of your lease for a mutually agreeable amount, (2) negotiate with you to buy the house, perhaps on a land contract, such that you are on a track toward ownership and are responsible for the repair; and (3) do nothing, and see if you sue for constructive eviction based upon a material breach of the landlord's duties.
  • 11-18-2015, 11:18 AM
    Mak13
    Re: Well Ran Dry on Rental, Landlord Wants to Break Lease
    Thanks for your response :) I'll see what she has in mind and take it from there.
  • 11-18-2015, 06:34 PM
    DaveM
    Re: Well Ran Dry on Rental, Landlord Wants to Break Lease
    A house without running water may be condemned in some parts of Virginia. Losing your home is a tough break but your home may be uninhabitable according to local law. Check with your County Health dept. Begin looking immediately for a new home. Drilling wells is quite expensive, so your landlord may wish to close this house. Try to negotiate your moving costs and perhaps other compensation for ending the lease early.
    You may find it difficult to get a home mortgage on a house without water. If you wish to buy the house, keep that mind.
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