2nd Time Asking - Excessive water bill in rental due to landscaping irrigation. Who is responsible for this excess use?

Question

I have been renting a house since September and the property management company conveyed a concern from the owner that I was made aware of the high cost of utilities, stating the water bill is 350-400 in the summer months. This was also stated in an addendum to the lease that I signed. There have been several plumbing issues that were promptly reported and fixed. Even after these repairs, my average monthly water bill is 760$. 
 
I contacted the water company and they explained there are two times per day when there is an enormous spike of water usage that is very excessive. These spikes in usage are when the landscaping is watered. I was also told I cannot adjust the sprinkler in the lease. They have the irrigation using over 1600 gallons of water per day, and the water company says it should be 600 gallons at most. I don't feel as though I should pay this excessive water bill because our water use is 20 times less than the landscaping. Is the landlord responsible for this excess?

James A. Greer · Answer

Dear Menifee Lessee:  You have asked about responsibility for excessive water bills, as between the Lessee or the Lessor.  From the description of your question there seems to have been "notice" to Lessee but at a $350-$400 level, whereas you have indicated that you are seeing bills upwards of $750.00 - that's quite a spread from what was disclosed versus what you are experiencing. My thoughts, having not yet seen the addendum nor having an understanding of the nature of the vegetation at this property, is that there is an argument for "concealment" that occurred at the time of leasing. What I mean is this: you were notified that the bills would be around $400.00 per month LESS than what you are being asked to pay, and that concealment resulted in your detrimental reliance in entering the lease.  Additionally, there is a potential argument for "uninhabitability", whereas the overwatering has caused a condition of breach of the covenant of habitability.  You may have other arguments available, too. For my purposes, I would need to understand the two items mentioned herein in order to commit to strong legal position on your behalf.  JIM GREER is an attorney licensed to practice in CA and CO and has specialized in real estate matters for the past 33 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party. 858.481.9006

Q: 2nd Time Asking - Excessive water bill in rental due to landscaping irrigation. Who is responsible for this excess use?