Negligence Led to Excessive Water Bills

By Jacob Hunt

When I moved into my previous address, the landlord said "Water is in our name, and you will need to switch it into your own."  After moving in, I researched the water department and found out I would need a copy of our signed lease.  We had not received a signed copy yet, so I requested this from the landlord.  They said they would bring one by, but this never happened.  I contacted them again a month later with the same results.

Over the next few months, I notice one of the toilets would frequently run and not shut off.  I repeatedly requested this be fixed.  Their handyman would come and work on it, but the toilet still had problems.  Eventually the landlord said they had already fixed it, and they did not send the handyman again.  A real plumber was never sent.  All of these conversations with the landlord are documented by saved emails.
Ten months after my move in, Atlanta Watershed informed us that there was no water account and that we would have to pay for the last ten months.  This turned out to be around $1800.  Based on my water usage elsewhere in Atlanta, the bill should have been no more than $1000.  Our first bill once the account was established was around $200.  I immediately stopped using the bad toilet, and within a month our bill was cut in half.  The bills I have saved clearly document the abrupt drop in our water usage.
I have been appealing this through the water department because I feel it was negligent on their part, as well as the landlord.  However, I have yet to contact the landlord.  At this time, the water department has denied my initial claim, though I am in the process of filing another appeal.
Do I have justification to hold the landlord responsible?  What legal means can I pursue?

Edited on: Tuesday, November 30th, 2010 2:00 pm

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