Am I responsible for water costs from an undetected common area leak?

No. The landlord has a duty to maintain the property in good condition. An undetected underground water leak is a maintenance failure attributable to the landlord's negligence. Water charges resulting from a leak the landlord allowed to continue are disputable. Document when the leak was first apparent and when it was repaired.

How should common area water be measured separately from my suite?

Through sub-metering. Each tenant suite and each common area circuit should have its own water meter. Without sub-meters, landlords estimate allocations — often using pro-rata SF ratios regardless of actual consumption. Push for sub-metering provisions in lease negotiations; they eliminate this dispute category entirely.

Am I responsible for water costs from an undetected common area leak?

No. The landlord has a duty to maintain the property in good condition. An undetected underground water leak is a maintenance failure attributable to the landlord's negligence. Water charges resulting from a leak the landlord allowed to continue are disputable. Document when the leak was first apparent and when it was repaired.

How should common area water be measured separately from my suite?

Through sub-metering. Each tenant suite and each common area circuit should have its own water meter. Without sub-meters, landlords estimate allocations — often using pro-rata SF ratios regardless of actual consumption. Push for sub-metering provisions in lease negotiations; they eliminate this dispute category entirely.

Water & Sewer (Common Area): CAM Line Item Audit Guide

Water and sewer charges for common area irrigation, lobby restrooms, cooling towers, and other shared utility uses.

Recoverability & Controllability by Lease Type

Lease Type	Recoverable?	Controllable?
NNN	Yes	No
Modified Gross	Yes	No
Full-Service Gross	No	No

Approximate budget share: 2-5% of total CAM pool.

Common Abuse Patterns

An undetected underground water leak drives massive utility bills that are passed through as operating costs rather than being addressed as a landlord maintenance failure. Tenant suite water is bundled with common area water without sub-metering.

Red Flags to Watch

A sudden 50%+ spike in water charges without explanation
No sub-metering separating tenant suite usage from common area usage
Water costs per square foot dramatically exceed industry benchmarks
"Leak repair" charges coinciding with high water bills in the same period

Your Right to Dispute

Demand sub-meter data isolating common area water consumption. Challenge excessive water costs arising from undetected leaks as a consequence of landlord's failure to maintain the property. Request utility bills and gallonage reports to verify the charges reflect actual common area consumption.

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Related Resources

GlossaryCAM Glossary GlossaryControllable Expenses ResourcesCAM Audit by State ToolsFree CAM Audit Tools

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This page provides general educational information. It is not legal advice and may not reflect the most current law in your state. Consult a licensed attorney for advice specific to your situation.