Water Service Termination Lawyers

Because water is very important to everyone, a water company is required to provide service to all individuals who want it and pay the required rates. A water company has a duty to provide all of its customers with an adequate supply of water which can be used without harming their health. The water company must also provide the water at an appropriate level of pressure.

If a customer has faithfully paid their water bill over the years, it is implied that the water company will continue to provide that individual with water service so long as the bill continues to be paid. A water company’s failure to provide a paying customer with water is a breach of contract.

The water company is responsible for all damages which result from failing to supply their customer with water as promised. According to water shut off laws, however, there may be legitimate grounds for cutting off a customer’s water service. Water disconnection laws may permit a water company to cut off service if a customer does not pay their bill or willfully wastes water.

  1. What Can I Do If My Water Service is Stopped?
  2. How Does the Termination of the Water Service Process Work?
  3. What Laws Protect Me Against Termination of Water Service?
  4. What Are Some Common Disputes Involved with Water Service Termination?
  5. Can I Sue the Water Company?
  6. Should I Contact a Lawyer if my Water Service is Stopped?

What Can I Do If My Water Service is Stopped?

The water company is not permitted to engage in discontinuation of water service because an individual is challenging a charge that is:

If an individual believes the water company has stopped their service in error, they should contact the company immediately. The water company is not required to notify an individual in advance of a temporary termination of water service.

However, if the water company has unjustly terminated an individual’s service and refuses to restore it, they can take the company to court. In court, the individual may be able to obtain an injunction to compel the water company to perform its public duty by continuing service.

How Does the Termination of the Water Service Process Work?

A water shut off policy is a policy that is provided by a water service company which informs customers of the policy for termination of services due to non-payment. In many cases, these policies can be found on the company’s website.

A water service termination agreement is an agreement which is made between a water service provider and a property owner or a Homeowner’s Association (HOA). These agreements include provisions regarding water services to the property or properties as well as rules regarding terminations.

What Laws Protect Me Against Termination of Water Service?

According to the Fourteenth Amendment of the United States Constitution, citizens afforded due process. As it relates to utility services, utility companies must provide consumers fair notice prior to termination. If notice was not given, an individual was not afforded due process of law.

There are laws which protect individuals against termination of service. They are dependent upon the entity which owns the service. A utility may be:

A utility service is required to use fair practices when considering and implementing a termination of service. Federal consumer protection statutes protect individuals from having their civil rights violated in the process of a utility shut down.

In general, if a utility is regulated by the, there are certain minimum protections which apply, including:

It is important to note that a utility company is not permitted to terminate an individual’s service if they are disputing their bill. If a customer was undercharged, the water service company cannot demand a lump sum payment and then threaten to terminate the service if it is not paid.

In California, the Water Shut Off Protection Act was signed into law in 2019. This Act applies to urban and community water systems with 200 or more connections. It only applies to residential water services which are terminated for non-payment.

Pursuant to the Act, urban and community water systems are required to have a written policy explaining the process for discontinuation of residential water services for non-payment. This policy must be available on their website or available to customers upon request.

The Act imposes a 60 day waiting period before an urban and community water system can discontinue an individual’s water service. It provides that discontinuation for non-payment cannot occur until the account has been delinquent for at least 60 days.

It is important to note that the Act does not specify exactly when that period begins to run, so the water supplier should address that issue in its termination policy. The Act also requires notice of a potential termination to be given to the customer on the account at least seven days prior to the possible termination of their service.

Notice can be provided by telephone or in writing. If the notice is provided by phone, the water supplier is required to: