Commercial Landlord. Am I required to...

[linga]

What is the name of your state - GA

Hello. I am the owner of a strip mall in Georgia, (county Dekalb). I leased a space to a tenant 4 years ago. They put the light, phone and water utility in their name. (Although they state that they do not remember putting the water utility in their name) They moved out after the lease ended and I moved in another tenant.

That tenant did not change the name on the water bill to their name and used the services for at least 1 year. The space has been vacant for about 2 years but the water bill has occured a monthly charge of $11.80/month ever since.

Now that old tenant, who has a bill for $900 is threathning to sue me in court. They said that I put the bill in their name.

They also state that I am liable because I was aware of the bills coming in their name even though they left and that the other tenant was using the water. Which is true. I'll never admit that in court of course! I knew it was in their name but didn't think anything of it. Is it my responsibility to have the water there shut off after they moved? Do they have a case against me or the other tenant?

 

[linga]

I do appreciate any advice. Thank you all.

 

[FarmerJ]

If your lease required the tenant to have all utils in tenant name ????, then you owe the basic monthly service fee for the privledge of the water NOT being turned off and being ready and available for use even if none was used for the entire time it was vacant. Send your city a check or go in person to the water dept and pay the number of months it was empty, basic monthly fee. Get a reciept and send a copy to Tenant A and tell tenant A in the letter you have paid the basic monthly fee that covers the number of months it was empty and tell tenant -A they will have to sue the other tenant- B and hope the court agrees while they also explain why they didnt call to have it shut off when they moved. HINT find your old lease copy and use it to your defense if tenant A files claim in small claims court against you. Did your lease with tenant B also require them to pay all util ? if so let tenant A know you would assist them with a copy of the lease to A if your called into court, but your not responsible for them failing to call in a order to close out the account. Then in the future consider calling the water dept and verifying that a new tenant has started service in own name and at end of lease called in to cancel service to avoid this problem.

 

[linga]

If your lease required the tenant to have all utils in tenant name ????, then you owe the basic monthly service fee for the privledge of the water NOT being turned off and being ready and available for use even if none was used for the entire time it was vacant. Send your city a check or go in person to the water dept and pay the number of months it was empty, basic monthly fee. Get a reciept and send a copy to Tenant A and tell tenant A in the letter you have paid the basic monthly fee that covers the number of months it was empty and tell tenant -A they will have to sue the other tenant- B and hope the court agrees while they also explain why they didnt call to have it shut off when they moved. HINT find your old lease copy and use it to your defense if tenant A files claim in small claims court against you. Did your lease with tenant B also require them to pay all util ? if so let tenant A know you would assist them with a copy of the lease to A if your called into court, but your not responsible for them failing to call in a order to close out the account. Then in the future consider calling the water dept and verifying that a new tenant has started service in own name and at end of lease called in to cancel service to avoid this problem.

Thanks for the answer. I considered paying the months it was empty. I have NO IDEA where the copy of the lease is for tenant A. I only keep leases for 3 years as required by law so I honestly do not know if the older leases had the water responsibility. I will look into it.

 

[justalayman]

Thanks for the answer. I considered paying the months it was empty. I have NO IDEA where the copy of the lease is for tenant A. I only keep leases for 3 years as required by law so I honestly do not know if the older leases had the water responsibility. I will look into it.

wow, the statute of limitations on a contract is 6 years in Georgia. I would keep the contracts until at least that time has elapsed since you could be sued due to actions under that contract longer than the 3 years you currently keep them.