Apartment complexes occasionally need to turn off the water supply to perform repairs or maintenance. However, residents still need access to running water.
So for how long can an apartment legitimately shut off the water supply without notice?
How long can apartment shut off water?
Landlord are typically allowed to shut off water for a maximum of 8 hours under most local plumbing codes. If repairs will take longer than 8 hours to complete, residents should be given at least 24 hours notice in writing of when the water will be turned off and the anticipated duration.
Without proper notice, shutting off water access for an extended period could be considered an illegal constructively eviction under some state laws.
Related: Apartment Shut Off Water Without Notice?
Does the complex need to provide alternate water?
Many areas require that if the water will be off for more than 2 hours, apartments must provide residents with an alternate water source for basic needs like drinking, cooking, and hygiene.
This could include bottled water or setting up temporary sinks with non-potable water. Failing to do so when cutting off water access for an extended period would be a violation of health and safety codes.
What qualifies as proper notice?
Most experts agree that proper written notice should be given at least 24 hours in advance of any planned water service interruptions expected to last more than 2 hours. Verbal notifications are generally not sufficient.
The notice should include details about the dates and times that water will be off as well as clarification on whether boiled water notices will be required after it is turned back on.
Can repairs ever be done with no notice?
While advance notice is usually required for water shut-offs lasting more than a couple hours, there are exceptions.
In cases of immediate emergencies like water main breaks, no notice would be needed if the interruption is under 8 hours. Complexes should still inform residents as soon as possible once water service is restored.
How far in advance is too long for a notice?
Many tenant advocacy groups argue that notices given further than 5 days ahead of planned maintenance are excessive since the dates and times of repairs can change.
The goal of notice is to inform residents of upcoming interruptions, not overly restrict planning. Complexes with an established history of inaccurate long-term notices could face legal backlash if water access becomes an undue burden.
Do complexes have to compensate residents?
Tenants usually cannot withhold rent or legally break their leases due to short-term water shut-offs required for essential maintenance or repairs by the complex that are properly noticed.
However, if outages last multiple days, some jurisdictions say consideration should be provided like temporary relocation, prorated rent credits, or compensation for food losses from spoiled refrigerated items. This helps mitigate undue financial hardship on residents.
What recourse do residents have for illegitimate shut-offs?
If an apartment complex turns off the water supply for non-emergency repairs without sufficient notification, it could be considered illegal under some interpretations of constructive eviction law. Residents may petition their local housing authority or file in small claims court alleging breach of warranty of habitability.
Documenting communication with management about the outage as well as any expenses incurred can strengthen a case. In extreme situations where health is endangered, emergency services may need contacted.
Conclusion
Apartment complexes have a responsibility to properly maintain infrastructure like plumbing, which sometimes requires disruptive water shut-offs.
However, they must give fair notice and take reasonable steps to minimize impact on tenants' basic access to running water. The law generally allows interruptions of up to 8 hours for repairs without notice in emergency scenarios only.
