Denver, CO asked in Landlord - Tenant for Colorado

Q: My tenant failed to keep cistern full and burned a water pump out.

To maintain proper function of this water system, the tank needs to be kept with a adequate amount of water in it. The water pump will pressurize the system as long as there is water. If water runs out, the pump will run dry until it overheats and breaks. The water pump system was verbally explained but not in the lease. It should be common sense.... tenants allowed water tank to go dry which caused water pump to burn out. They claim no responsibility. I think this is neglect and beyond normal wear and tear. Lease does say tenants are responsible for water- but doesnt include mechanisms that break because they don't keep the system functioning.

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1 Lawyer Answer
Donald C Eby
Donald C Eby
Answered
  • Landlord Tenant Lawyer
  • Castle Rock, CO
  • Licensed in Colorado

A: You have a good argument, but you will likely also have the burden of proof and the Tenant may deny that they let the water reservoir run dry. You'll have to prove that the failure was caused by an overheat condition which could only occur if the reservoir was dry. This is beyond normal wear and tear.

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