Apartment owner fails to pay water bill for months

Renters left dry

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  • FOR SALE:

    El Torreon Apartments (21 units) are comprised of three single story, easy-access, all electric buildings with neutral brick and green metal siding. The property was constructed in 1966 and consists of 20 one-bedroom, one-bath units that are about ...

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  • FOR SALE:

    El Torreon Apartments (21 units) are comprised of three single story, easy-access, all electric buildings with neutral brick and green metal siding. The property was constructed in 1966 and consists of 20 one-bedroom, one-bath units that are about 440 square feet and 1 two-bedroom, one-bath unit that is about 590 square feet.

    Asking price: $750,000

    Source: Real estate sale flyer for the complex

    Tenant Rights

    http://www.oag.state.tx.us/consumer/tenants.shtml

Water to El Torreón apartments was turned off Monday because the owner has not paid the sewer/water bill since August.

Residents of the 21-unit complex in the 1300 block of East Colorado Street received a letter from the city late last week notifying them that their water would be turned off.

Property owner James Anderson of Cedar Park told the tenants he would take care of it.

But on Monday, he handed the tenants a letter saying the water would be cut off due to his inability to make payment or come to a solution with the city of Victoria.

The letter arrived after the water had been turned off, residents said.

As of Jan. 21, he owed $15,020.48, according to documents provided by Anderson.

The bill due Feb. 5 is for $15,928.42, but if paid after that, it will increase to $17,521.26.

According to the documents supplied by Anderson, he last paid the water bill on Aug. 31 for $1,280.77.

Tenants said they do not want to move, but may have to due to unsanitary living conditions as a result of no water.

"I like it here," said Deborah Hood, 55, who has lived in the complex four months.

Hood said it's a community.

"We try to help others," said Brandy Verdugo, 28, who has lived in the complex since October with her children and boyfriend.

The mother of four and her boyfriend, Joseph Gomez, distributed water to residents, including a 5-month-old baby on Monday night and planned to distribute more Tuesday.

"We went to H-E-B and got 40 gallons of water," Verdugo said.

Many of the residents do not have cars and are barely able to make ends meet, she said.

Anderson claims his inability to pay is a result of financial difficulties after an increase in monthly water bill charges.

"I was paying $450 to $500 a month and then it went to $800 a month, but when I was hit with $3,000 to $5,000 because of a leak, that's not at all manageable," said the 34 year-old real estate investor, who also owns two rent houses in Victoria and other rental property in Austin.

According to documents, the bill never reached $3,000 while he was making monthly payments.

The monthly increase, Anderson claims, is a result of the city averaging his yearly use, but Lynn Short, director of Public Works disagreed.

"We do a winter average, that establishes your sewer bill throughout the year," said Short, "Your water bill is based on your water usage each month."

Anderson said despite the increase, he continued to try to make payments, but following an injury he was unable to continue to make payment.

"I broke my leg in 2008 and spent the first half of 2009 recovering," said Anderson, claiming with no insurance, it became a large expense.

Anderson said he had been in and out of the country during that time as well visiting his wife's family in South America.

"I thought we were supposed to adjust the rate," he said.

But Short said they had received no communication from Anderson until Monday.

"The debt has gone on and we are just at the point we can't keep extending utilities," Short said.

In addition to water being shut off, tenants claim Anderson is not accessible to tend to the complex.

"We did not have trash picked up for a month and a half," Verdugo said.

Anderson disagreed, noting they were without garbage pickup for a week because the city was unable to receive payment at its office.

Larry Smith, a tenant, also said several residents have complained regarding work orders not being completed.

"It keeps getting worse," said Smith, pointing to the ceiling where water damage has caused a yellow stain streak.

Anderson, who said he only visits the complex occasionally, admitted he's been struggling. He said he is working with his banker to make mortgage payments.

The property is for sale as well. A sales flyer lists the asking price at $750,000. His mother is the listed Realtor.

Lisa Griffin, caseworker for Mid-Coast Family Services, has been in communication with some families at the complex trying to assist them with relocation.

"Ideally they will have a place to go," said Griffin, who added families can contact her or 211 to learn the programs available to assist tenants.

"They'll need to start making arrangements," said Griffin, who has been to the apartment complex and found conditions not livable.

"It's not a very good condition," Griffin said.

Grace Campo, with the city code enforcement office, spoke with some residents. She said that without water they would not be able to live in the complex, but said legally the city can not vacate a building with resident still living there.

At least one family has sought legal help.

"Instead of leaving them out in the cold, they're leaving them out to dry," said William McManus, a Victoria lawyer contacted by Gomez to look into the case.



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Comments

  • The rent was $385.00 dollars a month. Only about 15 apartments were rented. The landlord did not receive government subsidies. There was a leak at the apartment that ran for two weeks without repair. The owner was out of the country at the time. The maintenance man, the gentleman in the video above, did not attempt to repair the leak. When the owner returned he fixed the leak personally.

    February 15, 2011 at 12:39 p.m.
  • The city of Victoria can throw around money like it grows on trees. Our money. So keep the water on for these folks and put out a warrant for slumlord for theft. Problem solved !

    January 28, 2010 at 10:17 p.m.
  • What is the monthly rent at this complex? Seems he should hit been able to clear the liquid bill with the rent he collects. I wish a solution crapper be reached with the city that would allow these people to hit liquid until they are relocated. Can you imagine no toilet liquid or liquid to clean yourself with? Unbelievable.

    VBB - It's tough but there were five in my kinsfolk with just one bedroom for a couple years. Beats sleeping in a tent. I’m not existence rude, just wondering how 6 crapper live in 400 sq ft. I too feel seriously for the renters at this complex. I'm assuming they are all current with their rent, otherwise they would hit already been tossed from this hellhole. I do wish the owner doesn't expect his rents to be paid while he keeps his residents without water.
    I also enjoyed his pleas for sympathy about money problems, upbeat problems, lack of insurance etc...while he is motion in & discover of the country. He has the money to travel extensively but not clear the bills on his properties. I guess not paying the liquid does not affect him, so he doesn't hit to care. I am still interested in knowing how much he is charging for one of these units, it's hard to plead poverty when you own so many rentals.

    Also, how wonderful of that kinsfolk to buy liquid for the others in the complex! Sounds like they are a drip less knit community, they are very blessed as that is the exception, definitely not the rule!
    For more :http://www.financemetrics.com/dont-get-sucked-in-by-clever-tenants-know-them-first/

    January 28, 2010 at 9:57 p.m.
  • My, my, how did Victoria ever allow this to go for so long. The landlord is definitely at fault for allowing the account to become deliquent. However, Victoria should assume some responsibility for their inaction early in the game. Would it be nice if Victoria would allow everyone to have free reins. This goes to show that the Victoria truly does play favorite to some and scrutinizes others rather harshly. I can only imagine the talks: Trying to deal with the Victoria can be nothing but futile. They seem to sit up on their throne and dictate rather than getting down on the common everyday man's level and listening to logical common sense solutions.

    January 27, 2010 at 8:34 p.m.
  • Lynn Short, director for Public Works said if a resident does not pay their bill it only affects the resident in which case they are sent a deliquent notice and then after a certain amount of time the water is cut off.
    In the case of an apartment complex he claims they take additional steps.
    "We recognize the tenants themselves are not responsible," said Short, "we typically take extra steps so that when we get to the point to shut off water, we notify the tenants so they have an oppportunity to take some action."

    January 27, 2010 at 5:42 p.m.
  • This is a really sad situation for the tenants that paid their rent and now do not have a livable situation. It appears these people have no recourse against the landlord that will resolve their situation. I must assume that he is in default of the lease but these people probably don't have the resources required to assert their legal rights and the landlord doesn't appear to have the resources to offer any relief to the tenants.

    From a city tax payer's perspective the bigger issue was raised by "interested". How can an account that was paying $500 a month be allowed to get $16K in arrears? This is a management issue that needs to be addressed by Mr. Short and the city manager. In todays economic environment I cannot see any commercial account getting more then 2 months in arrears before action is taken. If this amount is never collected, which based on the story presented it probably never will be, the remainder of the paying customers across the city will end up covering this cost.

    Many tax payers are struggling to pay their property taxes, their utility bills, their mortages and their other costs. It is not fair that an absentee landlord gets preferential treatment to a local resident as I don't imagine I could go for 5 months without paying my residential utility bill.

    Victoria Advocate, please follow-up on this story and keep the citizens of Victoria informed about how the city handles this situation.

    January 27, 2010 at 4:33 p.m.
  • I really hope the city will be held accountable as to why this person was allowed to go without paying his bill - lets see what are the excuses: increase in bill? happens to al lof us at one time or another; broken leg - no insurance, oh well, that happens to a lot of people too - hd to travel to south america - gee what a problem. Here we work to pay our bills and if we are late we get shut off - yet he was allwoed to continually not pay? I want to know why.

    January 27, 2010 at 2:48 p.m.
  • If I do not pay my bill on time EVERY month it will get shut off...so how did this person get to be past due for so long? How was this allowed to happen? Next time I call for extra time, maybe I should tell them I own an apartment complex and maybe I can be late too and not get my water shut off - that is not right to penalize people trying to make it and let someone else go months without paying.

    January 27, 2010 at 2:41 p.m.
  • Texas recently made some changes to it's occupancy laws. I think it is 2+1 now. Two heartbeats per bedroom, but one may be added if the rooms are larger. They also take into account the living room, the age of the children, and other factors.

    January 27, 2010 at 2:13 p.m.
  • Again I ask about rent subsidy!! Maybe that's why the landlord never mentioned it. The Government was sending him a fat check every month to help shelter these poor people and he wasn't doing his part to provide decent housing. I think it's wonderful that there is a program to help them. BUT if that's the case,the landlord was taking the money under false pretenses and staying out of the picture.
    Don't put works in my mouth or evil thoughts in my head,Ken.
    Also don't call me dirty names!! LOL
    Patrick T. Barnes

    January 27, 2010 at 1:20 p.m.
  • I think the fact the water department left the water on since August was VERY nice of them. Someone was trying to work with this man. Why is he going in and out of the country if he can't pay his bills? One trip overseas would have paid the water bill. JMO I don't know the law exactly, but I think 2 people per bedroom is the general gist of things. If he allowed someone to live there knowing it was against the law, 6 people or so, it testifies to his character.

    January 27, 2010 at 12:47 p.m.
  • As much as I feel for the people I also feel revulsion for the ones who say they barely make ends meet. I guess that accounts for the trash they throw into the courtyard, the mattresses between the building, the proliferation of Tatooes, very expensive, multiple ear piercings, not free either, and many of them shown smoking on camera, 4-5 dollars a pack.

    January 27, 2010 at 12:30 p.m.
  • Seems to me the city let this bill go for a long time before they took action !!

    January 27, 2010 at 11:02 a.m.
  • Why is it that every other person here can make comments about the landlord and my comment was removed? Come on Advocate, cowboy up and let me know what I did differently than these other comments. Is someone there related to this guy?

    January 27, 2010 at 10:45 a.m.
  • cowboywrangler!! They do have to prove where your deposit went. If you moved out and everything was in the condition, if not better than when you moved in and there was no damage, you can take them to small claims court. They are obligated to produce evidence as to where your deposit went and why they kept it.. Almost 100% sure on this! Good Luck and don't be affraid!!

    January 27, 2010 at 10:26 a.m.
  • lets see if anybody can answer this question--does anybody know if theres a law that says a former landlord cannot retaliate against a former tenant by providing false statements to a landlord that i am about to rent from and do i have a right to request a copy of how my deposit was used if it was not returned to me? i know this is off subject but any answers will be helpful

    January 27, 2010 at 9:57 a.m.
  • If I were living there, I would not pay rent. At least until until the water was restored. If he can not pay the bill then I would be unable to mine...

    January 27, 2010 at 9:51 a.m.
  • Texas law may provide for the right to offset. Rent is due on the first. Perhaps the tenants band together and pay the water bill collectively in lieu of rent. The landlord is essentially in default by not providing agreed on services. Where's legal aid for these people?

    January 27, 2010 at 9:51 a.m.
  • have you"ll notice that the owner of this apartments when asked any question either he blames the city and or tenants for not paying up. there was not a single thing said about tenants not paying their rent on time which means money was there to pay the bill... this is mismanagement since he says he was out of the country and so many excuses..could it be he was expecting some stimulus money too---sounds like it is mismanagement. if the tenants have paid on time the owners first priority should be the tenants... come on loser pay the bill you are going to lose much more by making so much excuses not to pay. i saw the apartments they are not worth 750,000 dollars they need alot of repairs--city building inpector should pay a visit to that place and put it in compliance-

    January 27, 2010 at 9:37 a.m.
  • "I wonder how much of the rent is paid by by the government in subsidies?" PatB did you really have to go there. Not all people living in apartments rely on Government subsidies, and even if everyone in the apartments were on subsidies it would have nothing to do with the Landlord not paying the water bill. Not once did the Landlord mention people not paying rent as part of the problem. Now lets try an keep the focus on the people that got shafted because someone else FAILED to be responsible and now 21 families have to do without a basic need, water.

    January 27, 2010 at 9:27 a.m.
  • Wouldn't this be the "good fight" that council members Soliz, Truman and Rangel could take up?

    January 27, 2010 at 9:12 a.m.
  • This sounds terrible but I wonder how much of the rent is paid by by the government in subsidies?

    January 27, 2010 at 8:10 a.m.
  • What does the lease to the complex say about who when and how things are to be done. Does it allow him to collect rent with no running water? It is all in the paperwork and laws of the land that allow slum lords like this to operate. We need to change the laws to prevent this from happening again. The city is a business and a business has to make money. If you don't pay you don't get. They have a job to do. Maybe the people can get the city to turn the water on in their own name and pay the water bill and take that amount out of the rent! Do the repairs themselves and do the same thing, take it off the rent. I have done that before with no problems. Good Luck to the tenants!

    January 27, 2010 at 5:16 a.m.
  • instead of the landlord getting help the tendents need the help wish there was some way the landlord would be held accountable in getting these people into another place. this is a shame really these people were fooled and lead on till last minute . i am willing to buy tons of water for the people who need it is there a place or number to get water to the people who need it

    January 27, 2010 at 1:13 a.m.
  • Thank you for getting me that info. $395 x 21 = 8295.00 a month = enough to pay the water bill. He wants $750,000 for this place, doesn't seem like a good investment. I hope these people find a better place to live & the owner gets what he deserves....an empty investment.

    January 27, 2010 at 12:32 a.m.
  • Rent last month was $385, but tenants claim that was only for last month
    prior to that it has been $395.

    January 27, 2010 at 12:08 a.m.
  • I'm not being rude, just wondering how 6 can live in 400 sq ft. I too feel badly for the renters at this complex. I'm assuming they are all current with their rent, otherwise they would have already been tossed from this hellhole. I do hope the owner doesn't expect his rents to be paid while he keeps his residents without water.
    I also enjoyed his pleas for sympathy about money problems, health problems, lack of insurance etc...while he is traveling in & out of the country. He has the money to travel extensively but not pay the bills on his properties. I guess not paying the water does not affect him, so he doesn't have to care. I am still interested in knowing how much he is charging for one of these units, it's hard to plead poverty when you own so many rentals.

    Also, how wonderful of that family to buy water for the others in the complex! Sounds like they are a tight knit community, they are very blessed as that is the exception, definately not the rule!

    January 26, 2010 at 10:22 p.m.
  • I hope a solution can be reached with the city that would allow these people to have water until they are relocated. Can you imagine no toilet water or water to clean yourself with. Unbelieveable.

    VBB - It's tough but there were five in my family with just one bedroom for a couple years. Beats sleeping in a tent.

    January 26, 2010 at 10:18 p.m.
  • no offenseor disrespect to victoriabybirth people have to do what they have to do its better to live 6 to a one bedroom apartment and have a roof over their head rather then living in shelters . right now people are striving to make ends meet and do what they have to do to get by my hearts go out to the families and i hope this issue gets solved so they can get back to good living conditions ..

    January 26, 2010 at 10:07 p.m.
  • What is the monthly rent at this complex? Seems he should have been able to pay the water bill with the rent he collects.

    How can a family of 6 live in a 1 bedroom apartment?

    January 26, 2010 at 9:42 p.m.