A lawsuit has been filed against a landlord for failing to pay the apartment complex’s water bill, leaving her tenants without water while she disputes the bill with the city.
“It’s unconscionable to leave these people without water when they’ve already paid for it,” said local attorney Michael Galligan who filed the case pro bono on behalf of Cotten Apartment residences Vivian Joyce Taylor and Douglas Gordon McCrary.
Galligan filed the suit against Evelyn Cotten in her role as owner of Cotten Apartments. The 40-unit complex houses about 120 people, many of those being children, according to the suit. Monthly rent there is $585 which is supposed to cover all utilities including water. It is that violation of the contract on the part of the landlord that led to the lawsuit.
“The defendants knew the (renters) were paying for rent along with water and they (Cotten) knew the water bill was unpaid and the water would be cut off,” Galligan said in the suit.
The City of McMinnville cut off water the apartment complex on Dec. 4 for nonpayment. The water was cut back on one week later as a humanitarian gesture despite the bill being unpaid. It will remain on until the first of the year to give residents a chance to leave if they so choose. It will be turned off again Jan. 2 if circumstances do not change.
In her own behalf, Cotten says she does not plan to pay the massive water bill that she feels was wrongly heaped on her. She believes it was the city’s fault that she amassed a $16,000 water bill for the complex. Specifically, she believes that when the city drained a nearly water tower that it eroded the supports from some of the apartments. One of those apartments settled on a water line, causing it to break and quietly spew water. By the time the leak was discovered, Cotten said, a massive water bill was already facing her.
Regardless of her beef with the city, Galligan said she owes a duty to her tenants since she had caused them undue hardship during her feud with the water department.
“The renters could not wash their dishes, flush commodes, take baths or showers, wash clothes or have drinking water, or water to cook, wash hands, clean counters or floors or wash bedding,” Galligan pointed out, noting the stress caused one of his clients to have to go to the hospital. “Some renters bought water from Walmart or other stores, others without money, could not.”
A hearing will be held at 1 p.m. Monday before Circuit Court Judge Bart Stanley during which time Galligan will ask that Cotten’s bank accounts be frozen so she is not able to shift money away that could be used to pay the past-due water bill. He also wants Cotten to be restrained from collecting any more rent until the water bill is paid.