Water Utility

[Brian Pleshek]

Good morning everyone.

I currently have a wonderful tenant.  They have been in there for nearly three years and only two calls from them, only one of which I had to take action on.  They were a referral, so I didn't have to market it.  I did take a bit of a risk because they were loosing their house to foreclosure at the time, but in the discussion with them ahead of signing the lease, I felt that the issues that caused their default were not ones that would impact me.  

When we signed the lease, I thought that utilities are things that are out of my control, so I figured that it would be best to have the tenant be responsible for them.  Now after reading various posts and listening to some of the podcasts, it seems that some are saying that water should stay in my name.

Can we have a discussion about that?  Can we talk about why or why not that should be the case and what you're doing?

Should I allow the tenant to pay the water?

Should I pay the water and just include it in the rent?

Should I pay the water and include a clause that the tenant pay for excessive use?  If so, then how should this be worded in the lease?  How would I collect?  What is considered excessive so a court wouldn't find against me?

I'm putting a new property on the market for rent and would like to know prior to doing so. I'll start marketing shortly(within a week).

Thanks,

Brian