Unpaid utilities by former tenant

[quincy]

I see it differently - obviously - but I believe the remedy is through the water company (which, I will say, should never have cut off service, although the same thing happens around here).

 

[Zigner]

I see it differently - obviously - but I believe the remedy is through the water company (which, I will say, should never have cut off service, although the same thing happens around here).

To be fair, I agree with you that the utility company shouldn't have cut off/refused service in this case, however, I believe that it's the LL's responsibility to correct it, not the tenant's.

 

[FarmerJ]

Since i didnt see it being said , is this water company a private company or is it a city or county (aka government built and owned ) utility ?

 

[quincy]

To be fair, I agree with you that the utility company shouldn't have cut off/refused service in this case, however, I believe that it's the LL's responsibility to correct it, not the tenant's.

The landlord can contact the utility company for the tenant but it is the utility company that needs to reimburse the current tenant for the cost of reconnecting the service. It is the reconnection cost that is the concern here. The water company is not charging the new tenant for the unpaid balance of the previous tenant.

 

[Zigner]

The landlord can contact the utility company for the tenant but it is the utility company that needs to reimburse the current tenant for the cost of reconnecting the service. It is the reconnection cost that is the concern here. The water company is not charging the new tenant for the unpaid balance of the previous tenant.

You're right, sort of. Upon rereading the original post I see that the utility company removed the meter. Since it's the LL's responsibility to provide a habitually ( ) habitable unit, it's the LL's responsibility to make sure that meter is reinstalled. The tenant has every right to expect the LL to reimburse her for the cost of (re)installing a new meter.

The former tenant did not pay the water bill. The utility company pulled the meter for non payment and the current tenant had to pay a fee to have the meter reinstalled but not the unpaid bills.

 

[quincy]

You're right, sort of. Upon rereading the original post I see that the utility company removed the meter. Since it's the LL's responsibility to provide a habitually ( ) habitable unit, it's the LL's responsibility to make sure that meter is reinstalled. The tenant has every right to expect the LL to reimburse her for the cost of (re)installing a new meter.

I think it is the utility company’s responsibility to reimburse the tenant. So ... here we are.

 

[Zigner]

All I have to say is that I, as a tenant, would be pissed to be stuck in the middle.

 

[quincy]

All I have to say is that I, as a tenant, would be pissed to be stuck in the middle.

I probably would be, too.

 

[LdiJ]

I think it is the utility company’s responsibility to reimburse the tenant. So ... here we are.

What is your rationale for that? If it were new construction the customer would have to pay to have the meter installed. In this instance, it is kind of like new construction in that the home did not currently have a meter. I would agree that it is the landlord's responsibility to ensure that the home has a water meter. However, if you can articulate why you think it is the water company's responsibility you may change my mind.

 

[quincy]

What is your rationale for that? If it were new construction the customer would have to pay to have the meter installed. In this instance, it is kind of like new construction in that the home did not currently have a meter. I would agree that it is the landlord's responsibility to ensure that the home has a water meter. However, if you can articulate why you think it is the water company's responsibility you may change my mind.

The utility company was the one that shut off the water service. The landlord didn’t do that.

The water utility company had an agreement with the previous tenant. The agreement more than likely stated that unpaid bills can/will result in a shutoff of service and that there will be a fee for reconnecting the service AFTER overdue payments are made. This agreement was between the utility company and the tenant, however. The landlord was not a party to the agreement. The landlord cannot control how the utility company handles unpaid bills, including what the utility company requires for reconnecting a service after shutoff or how much it charges for reconnecting service to a residence.

The current tenant should get reimbursed by the utility company for the reconnect fee that rightfully should be charged to the previous tenant (add this fee to the previous tenant’s overdue bills). But it is a customer problem on the utility company side and not on the landlord side. For all we know, the previous tenant paid all his rent on time and was otherwise a model tenant.

With that said, as a landlord I would probably credit the new tenant for the reconnect fee, reducing the new tenant’s rent by $250.

Because of the amount involved, I don’t believe it is worth the time or trouble for anyone to pursue a legal action against anyone (except perhaps for the water company to sue the previous tenant).

 

[Zigner]

The utility company was the one that shut off the water service. The landlord didn’t do that.

No, but the LL rented an ostensibly habitable unit which the tenant then needed to pay $250 to actually make habitable. The LL is the one who did the new tenant wrong. The LL should have cleared up the problem before renting the unit out to the new tenant.

Because of the amount involved, I don’t believe it is worth the time or trouble for anyone to pursue a legal action against anyone (except perhaps for the water company to sue the previous tenant).

Yep, I'd agree with that.

 

[quincy]

No, but the LL rented an ostensibly habitable unit which the tenant then needed to pay $250 to actually make habitable. The LL is the one who did the new tenant wrong. The LL should have cleared up the problem before renting the unit out to the new tenant.


Yep, I'd agree with that.

I understand your point.

However, there might have been no water service available to the residence until the new tenant set up an account with the water company anyway. Electric companies and gas companies and cable companies operate the same way. There is often a shutoff of service from the end date of the contract/move out date until the start of a new contract/new tenant. The utilities will start service only when a new account is set up.

Typically landlords will tell their tenants to give the utilities their move out date and to ask for a final billing but they will also tell their tenants to not cancel the service itself when they move. Any additional charges (for use during the time between tenants) are generally set up to be sent to the landlord/management company.

As a note: I don’t think any meter was “removed.” Service can be shut off without meter removal.

 

[Zigner]

As a note: I don’t think any meter was “removed.” Service can be shut off without meter removal.

While I don't agree with your point, if the meter wasn't removed, then I can understand it and accept it as a differing viewpoint.

If the meter actually was removed, then I'm gonna stand firm.

Fair?

 

[quincy]

While I don't agree with your point, if the meter wasn't removed, then I can understand it and accept it as a differing viewpoint.

If the meter actually was removed, then I'm gonna stand firm.

Fair?

Sure. Fair enough.