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Updated about 19 hours ago, 12/02/2024

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Jackie Liu
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Sewer Utility billing question

Jackie Liu
Posted

Hello BP members, So I have a property in Camby, Indiana where sewer is managed by the Tri-County Conservancy District which is billed separately (flat $64 per month) and can't be transferred into the Tenant's. I was wondering if anyone here have a clause they use to bill the tenant the sewer utility as some form of additional rent.

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Laura Stayton
  • Property Manager
  • Delaware
128
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Laura Stayton
  • Property Manager
  • Delaware
Replied
Quote from @Jackie Liu:

Hello BP members, So I have a property in Camby, Indiana where sewer is managed by the Tri-County Conservancy District which is billed separately (flat $64 per month) and can't be transferred into the Tenant's. I was wondering if anyone here have a clause they use to bill the tenant the sewer utility as some form of additional rent.

You should have in your lease that the tenant is responsible for all utilities (this would include sewer even if it has to stay in the owner's name)  Sewer bills come out once a year here (except some Town municipalities where they are billed monthly)  We add them to the tenant ledger and the tenant reimburses.
If that isn't spelled out in the lease you'd need an addendum to include it or do at renewal.



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Bill B.#3 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
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Bill B.#3 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
Replied

Non-issue. I’m billed quarterly in Las Vegas. I simply take a picture, text it to the tenant and they add the payment to their next month’s rent payment. With a dozen properties you’d be talking about several thousand dollars out of pocket otherwise. 

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Jackie Liu
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Jackie Liu
Replied

 I do have the utilities clause on my lease: 

12. Utilities.Tenant agrees to pay for all utilities connected to the property such as sewer, cable, television, telephone, water, steam, gas, waste, trash, or electricity. Failure to transfer utilities will result in utilities disconnection by the Landlord within 2 days from the start of lease. Landlord shall be responsible for paying any Homeowners Association(HOA) dues and property taxes for the Property.

I was wondering if I should add a additional rent clause for the sewer just so I have my base covered in case tenant try to get "smart" with the lease.

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Henry T.
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Henry T.
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Replied

Many places only allow utilities in the owners name. My properties' utilities are all in my name, but the tenant must pay them. It doesn't matter who's name is on the bill. You simply have to specify in the lease that its their responsibility to pay the bills

Your lease needs a re-write. Something like : Tenant is responsible for ALL utilities.  Failure to pay the utilities when due is a lease violation and will result in a notice to pay or vacate. Tenant will also be responsible for the additional cost of any legal notice.

  • Henry T.
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    Nathan Gesner
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    Nathan Gesner
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    • Real Estate Broker
    • Cody, WY
    ModeratorReplied

    This is my clause. It includes space to spell out specifically what the tenant is responsible for. Pass-through utilities are those that get billed to the landlord, and we pass the charge on to the tenant.

    UTILITIES. Unless otherwise stated in this Agreement, Tenant shall establish their own utility accounts, effective no later than the lease start date, pay all utility charges, and maintain accounts in good standing. Tenant agrees to pay any “pass-through” utilities within 15 days of notification. If Tenant fails to establish a utility account, becomes delinquent, or is disconnected for any reason during the term of this Agreement, Agent shall charge Tenant for the actual cost of utility use plus a $25 Administrative Fee for each invoice processed by Agent. Tenant shall be responsible for any property damage caused by failing to maintain utilities or report utility problems in a timely manner.

    Tenant Utilities: ______________________________________________________________
    Pass-through Utilities: _________________________________________________________
    Utilities included with rent: ____________________________________________________
    Propane: If applicable, Tenant shall return the propane tank level to at least _______% upon termination.

    • Nathan Gesner
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    Laura Stayton
    • Property Manager
    • Delaware
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    Laura Stayton
    • Property Manager
    • Delaware
    Replied
    Quote from @Jackie Liu:

     I do have the utilities clause on my lease: 

    12. Utilities.Tenant agrees to pay for all utilities connected to the property such as sewer, cable, television, telephone, water, steam, gas, waste, trash, or electricity. Failure to transfer utilities will result in utilities disconnection by the Landlord within 2 days from the start of lease. Landlord shall be responsible for paying any Homeowners Association(HOA) dues and property taxes for the Property.

    I was wondering if I should add a additional rent clause for the sewer just so I have my base covered in case tenant try to get "smart" with the lease.

    I think you're fine if that's in your lease to bill them.

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    Gloria N Gear
    Agent
    • Realtor
    • Indianapolis IN
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    Gloria N Gear
    Agent
    • Realtor
    • Indianapolis IN
    Replied

    I have one in Brownsburg that is similar, but there is a house and a converted garage on the same property.  I estimate high of what the bill would be and put it on their lease, I have not had any issues this way and if the water bill goes up, I will increase on the next lease.  Here is my simple wording.  

    "In addition, a fee of $40 is added per month for shared utility of water, sewer, and trash."

    • Gloria N Gear

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    Laura Stayton
    • Property Manager
    • Delaware
    128
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    Laura Stayton
    • Property Manager
    • Delaware
    Replied
    Quote from @Gloria N Gear:

    I have one in Brownsburg that is similar, but there is a house and a converted garage on the same property.  I estimate high of what the bill would be and put it on their lease, I have not had any issues this way and if the water bill goes up, I will increase on the next lease.  Here is my simple wording.  

    "In addition, a fee of $40 is added per month for shared utility of water, sewer, and trash.

     We aren't permitted to charge tenants utilities unless they're separately metered in Delaware

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    Alecia Loveless
    Pro Member
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    Alecia Loveless
    Pro Member
    Replied

    @Jackie Liu I have a table in my lease that lists all the utilities and then they are marked as to if the tenant pays them or the landlord pays them. This includes, water, hot water, heat, air conditioning, cable, security system, snow removal, lawn care.

    In my area it is not customary for the tenants to pay for either the water or the sewer. It is just a cost of doing business for the landlord. I always account for this expense when I analyze a property.

  • Alecia Loveless
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    Scott P.
    • Rental Property Investor
    • Indiana...mostly
    239
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    Scott P.
    • Rental Property Investor
    • Indiana...mostly
    Replied

    If i was the Tenant I'd read those words and know that I have to pay the sewer bill. 

    As the landlord, I have the tenant put the Sewer in the tenants name in Indiana as of the agreed to move-in date before I'll give the tenants the keys.  Then I usually get a letter from the Sewer provider citing the Indiana law which says I'm responsible for Sewer if the tenant fails to pay.  That wouldn't work in Camby though.  


    Since Camby / the Tri-County Conservancy District won't allow the utility service the tenant receives to be in the tenants name, and since it is a flat fee, I'd ask if the tenant if they'd like to add it to the rent or if they'd like me to send them a copy and they pay me separately.