Minnesota Duplex with Shared Utility Meter Billing issues

[Dave Gallogly]

We came across a Statute here in Minnesota that affects our duplexes we own in our portfolio. A few months ago our local Utility company called to tell me that the Utilities are being placed back into my companies name (each one of our tenants in the duplex had both gas and Electric in their names with separate meters) because of the MN Stat 504B.215 that talks about shared services. Now I have an advocate attorney for the tenant wanting to press the issue. I now see from the MN statute there needed to do some changes to be legal. At this point I would like some clarity on the law from an expert Real Estate member or attorney who understands and has been an advocate for land Lords. Lots more details, but I will keep this short.

Has anyone dealt with this Law?

Has anyone had a tenant advocate Lawyer dig in their feet on this for a tenant and maybe went to court?

Do you know an attorney that can advise?

[John Woodrich]

I am not sure what your lease says but assuming your lease indicates that the tenant is responsible for said utilities I don't see why it matters how the billing was done.  They can put it in their name or you can bill them...  I am not an attorney, just stating my opinion on the matter.  I have a feeling your tenant knew this from the onset of the lease and was waiting to catch you.