My city requires that LLs put water service in LL's name. They still send the bill to the tenant if requested, but LL is responsible if tenant doesn't pay. My lease states in bold type " It is tenant's responsibility to timely pay this bill. Failure to do so is a breach of this lease. "

I started the eviction process on a tenant who was 11 days late with rent and over a month behind with water. She was scheduled for service disconnection. She paid rent and late fees the same day she received her court summons. At the hearing, I told the judge that I was proceeding with the eviction based on tenant's violation of the lease by her failure to pay the water bill. The judge said "you can't do that." When I asked why, he said "go talk to a lawyer." I fought back the impulse to ask "aren't you a lawyer?"

Just because you wrote into your lease that tenant's failure to pay the water bill is a breach of the lease, doesn't make it a breach of the lease. Centuries of legal tradition determine what is a breach of a contract, material or otherwise, and your opinion doesn't count for much.

The judge told you to go talk to a lawyer. That is what you should do, and TO PAY HIM. Your recourse may be none other than going to small claims court and then trying to collect.

Am I the only one who thinks it's a bad idea to get smart with a judge?

I agree that what they do can be frustrating at times...been there, experienced that! But asking a judge "aren't you a lawyer?" ....hmmm... wouldn't want to have to go in front of him again and expect any sympathy.

I cannot evict for non-payment of utilities in NC. Even if they agree to pay them in the lease. It's a risk - a tenant could pay me every dime of rent on time and never pay for the agreed-upon water or sewer or what have you, and I can't EVICT for that reason, period. I also can't apply first money received to unpaid utilities - if it is paid as rent, it has to be applied to rent. Etc.

That's just the way it is.

One thing I have done is this: I send the water and/or bill to tenant and they pay the utility directly. If they don't, it is not ME disconnecting the power or water, it is the utility. Yes it is in my name, but they are the ones without power or water.

So far, no one has attempted to live in our spaces without power or water while still paying the rent and living like a human.

WMH,

We make the tenant have the utilities transferred to their name prior to getting the keys which makes it easy for us.

When we started out I would sometimes allow the tenant to pay me for them if they didn't have the requisite deposit to get the utilities in their name. As you can imagine these were the tenants to be slow or no pay so I wanted to turn the utilities off since our lease clearly states that tenant is responsible for all utilities and they must be transferred to their name. My atty told me I couldn't do that since the court would rightfully interpret it as retaliatory measures. Of course I have never done that again.

We have several townhouses where the water is included in the HOA. The HOA's keep increasing due to the water that no one pays attention to since they are not paying for it directly. Now I add on $40/tenant for the water and call it rent. Scott since you are precluded from transferring the water I would increase the rent and be done with it.

WMH:

Since you are in NC do you use the Revert to Owner Program with Piedmont and Duke?

From what I understand in Indiana only the sewer bill can be attached to the property by state law, no other utility. If this has been changed then our elected representatives should be made aware of a landlords point of view.

Scott,

"Aren't you a lawyer?" CLASSIC!! LOVE IT!!

Good for you for jumping on the eviction. In Indiana you can FILE the day the rent is late. Gotta know YOUR judge because they are notorious for doing things their own way.

I can help you with the real facts in Indiana. I only charge $3,000 per hour! :)

First, remember the law makers that made this a law when you vote next time. They really did a number on all LLs. They don't care about you and they like it because this brings in more money without chasing deadbeat renters.

Second, in Indiana if the utility is in YOUR name YOU have to keep it on while the home is occupied, no matter what our residents do. To turn it off or allow it to go to disconnect is considered "constructive eviction" which is illegal and can put YOU in jail. Crazy yes, but true.

Rather than complain just adapt. Protect yourself by making the water/sewer bill part of the rent.

It's simple. We advertise a rent price and when it's time to sign the lease we explain the water/sewer bill is paid along with their rent so $____ is the rent amount. Everyone likes the idea of one less bill.

You get the money to pay the bill. You know each month or each PayDayPlan where you stand.

For one neighborhood we do a set amount each month. In another we send the a text with amount of their water/sewer bill that will be taken out as rent that time.

If eviction rolls around Indiana is based on unpaid RENT.

My lease is clear: all monies received are applied to the unpaid balance. Any unpaid balance is considered unpaid rent and grounds for eviction.

So next time apply her money to the bill and she still owes rent.

Now, about that $3,000...

BRAD

I re-read your question. Here's more.

Judges are not allowed to give legal advice. That's why he made the comment.

Judges don't normally evict based on lease violations unless the violation is dangerous or illegal such as meth labs.

My stress level went WAAY down when I simply read thru the LL/Tenant laws and re-wrote my lease to walk alongside the law, putting on MY side.

Illegal clause? It's not illegal to have that clause but it only provides an intimidation factor, not a full on eviction.

In a High-Class City near Los Angeles, the landlord is responsible to cover any utility or City services not paid by the tenant. Each time a tenant from this home I rent out moves, I have the City provide me with detailed records of any "past due bills". Most of the time the City says, "That's personal information and we can't release it to anyone, not even the landlord". But once the bill becomes 90 days late, the City send me a big fat bill, detailed with lots of fines and late fee's. They release the information when it suits them.

So when I am forced to refund my tenants deposit within 21 days but won't get City records for another 2-1/2 months -- this creates a major problem for my pocket book.

So I now give notice to my City that if they refuse to disclose any past due bills, I will not cover them because I have to refund my deposit to the tenant in a timely manner. The City didn't think that I would sue them, but I have done it in small claims court. Since the bills were sent to my home address, I sue them in my local court, not their court some 40 miles away. (They also conduct other business in my local court so I get away with this tactic).

NC Investor, our water is local - provided by individual towns. Each requires that the owner's name be the responsible party but they will mail the bill to the tenant. I don't take advantage of that because I want to know if someone isn't paying. So they send the bills to me, I scan them and email to the tenants for them to pay directly.

It's the same in the city (or wherever the water "authority" is) that the owner of the property is ultimately responsible for the water bill. They will place it in the tenant's name but if the tenant doesn't pay - the owner gets a copy of the bill as an FYI.

Make sure it's in your lease that the tenant is responsible for the water/sewer when billed. Also make sure that you have something in the lease that states something like "added rent". I make other charges (such as late fees and water/sewer bills and any violations, etc) as "added rent".

I've been in front of the judge where the tenant said "yeah but the owner is responsible for that bill judge ..." The judge looked at me and said "they are right - why are you including that in with the amount owed"? I said "here is a copy of the lease that indicates they are responsible to pay when billed" and handed it to them. He then looked at them and said "well, it looks as though this is your responsibility ... " It's a game the tenant's like to do because they never "recall" what's in a lease and they really like the landlords that rent to them with no paperwork ...

I've had the person that does my serving to the tenants also advise me that I can't include late fees, water/sewer, etc in with the amount owed ... I tell them "the amount owed is $xxx.xx" That's it. I don't get into it. I do not break it out in anything I provide. It's all rent owed.

What is the legality of having a "base" rent and a "variable" rent?

the variable rent covering utilities expenses?

Just as a random piece of trivia, but on the occasions I've needed to do eviction hearings, it's all been in JP Court. And while other places might be different, in TX, at least, you don't need to be an attorney to be a Justice of the Peace.