Shut off water - Landlord Forum thread 350796

Shut off water by Joe (MI) on February 23, 2017 @10:53

My tenant did not pay water bills and let the water bills pile up. I do not see the possibility of their payment. Our city has a code of ordinance regarding this matter. The code basically says: if a water bill becomes delinquent for more than 30 days, the city will issue a shut-off warning to the user by mail. The user will have 14 days to either pay off the bill plus penalty or come to a city hearing to explain the reason of not paying. On the lease signed by the tenant, there is a paragraph saying "if a water bill is not paid for more than 30 days, Tenant authorizes Landlord to call the city to shut off water." However, when I contacted the city for such a shut-off, the city clerk refused and said they do not shut off water - if water bills are owed, they will roll them into property tax and make the landlord pay! Even though I am armed with above 2 weapons--I even threatened to sue the city for my loss on unrecoverable water bills! But I feel so helpless, no matter how I argued with the city clerk. Has anyone met this same or similar situation? Any idea or suggestions shall be greatly appreciated!

[ Reply ] [ Return to forum ]

Re: Shut off water by Anonymous on February 23, 2017 @11:02	[ Reply ]

You should have in your lease that any unpaid utility bills will be paid by owner and added to next rent as additional remt. If they only pay their regular rent amount, but not the additional remt for the water bill, post a 3 day POQ, and if they dont pay that, file for an eviction.

Re: Shut off water by AnonymousFL on February 23, 2017 @12:32	[ Reply ]

Water is one of those items that defines the habitability of a rental. Having a "landlord is authorized to call the city to shut off the water" clause doesn't mean anything if the city has a policy of not shutting off the water. You can say what you like in your lease, but that does not make it legel or enforceable (though such language may encourage tenants to lean towards doing the right thing). If the utility company refuses to shut off the water, you may not be able to go that route. Threatening to sue the city isn't going to work and you will only create animosity between you and them...and they will probably remember what a nice fellow you were for a time. You might consider going back, apoligising, and seeing if someone there can offer up some advice or explanation. Your only option will probably be to wait for the tenant violate their lease (such as non-payment of rent or other fault) or you can non-renew them at the end of their term. Then, you can decide if it is worth it to take them to court if their security isn't enough...and to hit their credit report with the judgement. As a side note, do you run credit reports when you qualify your tenants? I find it difficult to believe that someone who blatantly does not pay their utility bills has not done the same thing before.

Re: Shut off water

Re: Shut off water by Anonymous on February 24, 2017 @01:59	[ Reply ]

Good show, threatening to sue the city. When the bill is not paid, they can also turn off your water to your residence. Besides, you cannot turn off or disconnect the water, as that will be constructive eviction. The lack of water to flush toilets would make the place uninhabitable. Both will allow the tenant to sue for damages. Your lease clause is probably unenforceable as it requires the tenant to wave rights granted under law. The tenant can also sue you for having an illegal lease clause. Arguing with the city clerk can lead to a visit from code enforcement or building inspector. Your remedy is to issue a cure or quit notice, not to take illegal action against the tenant. You do not want to be the defendant in court.

Re: Shut off water by Katiekate (New York) on February 24, 2017 @03:31	[ Reply ]

Even if your could...do not ever shut off any utility. This is called "constructive eviction" and the judge will hit you with everything he can!!! You could find yourself owing the tenant thousands in damages! Wow..do not ever do it. Add the amount to the rent. Then, when they fail to pay it...evict for non payment. Go to court. Get a judge to order the eviction. And..do not let this happen again. Include the water bill in the rent. And do not let the situation drag on. Bad situations never get worse by ignoring them

Oops