Need urgent -Atlanta watershed - $5000 bill - they shut service

[Paolo Ruggieri]

All,

I recently purchase and rented 3 properties. in all 3 cases I tenant left after some time and I had to turn water in my name... when bill came was outrageous: $1000-$3000 each bill. Almost $6000 in total. In all 3 properties I know there was a issue with prior tenant water bill: in one case tenant has been delinquent, in the other case tenant used a stolen meter, in the third case apperantly meter was magically on physically, but in the system it was off.

I had a plumber going in to investigate leaks. While he did find mutiple leaks (toilets, gaskets misssing etc), he told me that none of them was worth more than $300 dollar bill... 

Unfortunantly he also told me that City of Atlanta adjusts bills for burst pipes in the front yard because they can't be detected, but will not adjust bills for leaks in the house, because they consider them negligence, as they can be seen.

In my case I suspect the city is charging me for what the tenants owed, but I am not 100% sure.

They sent me a letter that if I do not pay by Thursday Jan 5th, they will shut water off. As soon as I received the bills I filed for a dispute, over the phone they told me that I do not have to pay the bill till the dispute is resolved, but now they sent me a letter saying that they are shutting utility off... crazy.

I am planning to go tomorrow to negotiate... however, I have had horrrible expericnes with them so far and found out that typically they do not tell me what is going on (not sure if they hide things, or if the people at the window are not knowledgeble, or if they just do not care)... and there is not much hope unless you know someone.

A friend of mine (another investor) told me that he got a $64,000 (yes you are reading it right... $64,000 bill) that they would not reduce... he contacted the news and once they found out it was investigated by the media they immidiatly cancelled the bill. Now in his case was more evident and it was a "better story" for the media then my billls.

I need to go tomorrow because they wrote that they day after tomorrow they will shut off the service. Please let me know any word of wisdom you might have... specifically let me know if you went through the same thing and how you resolved it... I truly appreciate!

[Michaela G.]

This is the current, 2016, Georgia code in Lexis Nexis

§ 36-60-17. Water supplier's cut off of water to property because of indebtedness of prior owner, occupant, or lessee prohibited; records required; statement of past due amounts; limited liens for unpaid charges for water, gas, sewerage service, or electricity


(a) No public or private water supplier shall refuse to supply water to any single or multifamily residential property for which water has been furnished through the use of a separate water meter for each residential unit on application of the owner or new tenant of such property because of the indebtedness of a prior owner, prior occupant, or prior lessee to the water supplier for water previously furnished to such property.

(b) For each new or current account to supply water, the public and private water suppliers shall maintain a record of identifying information on the applicant for the water service and shall seek reimbursement of unpaid charges for water service furnished initially from the person who incurred the charges.

(c) (1) Any real property owner or tenant, person having executed a contract for the purchase or occupancy of real property, attorney closing a real estate transaction for the purchase of real property, or lender considering the loan of funds to be secured by real property shall be entitled upon request to a statement from a public or private water supplier setting forth the amount of water charges currently and past due and any late charges and interest applicable for water supplied to such property. Such request shall:

(A) Be in writing;

(B) State the address of the real property for which water was supplied;

(C) Be delivered to the billing address of the public or private water supplier by certified mail, return receipt requested, statutory overnight delivery, or electronic means if electronic communication is permitted by such supplier; and

(D) State a return address or e-mail address to which the statement reflecting the moneys owed is to be directed.

(2) Any request transmitted by electronic means shall be considered received on the first business day following such transmission.

(3) The public or private water supplier shall furnish such statement to the requestor by certified mail, return receipt requested, statutory overnight delivery, or electronic means if electronic communication is provided by the requestor within ten business days of receipt of such request. Such supplier may charge a fee not to exceed $10.00 to provide the requested information.

(4) The failure of the public or private water supplier to provide such statement within such ten business day period shall:

(A) Cause any lien for unpaid charges provided by this Code section to be extinguished and to be of no force or effect as to the title acquired by the purchaser or lender, if any, and their respective successors and assigns in the transaction contemplated in connection with such request; and

(B) Prevent the public or private water supplier from denying water services to the new real property owner or tenant.

(5) The information specified in the public or private water supplier's statement shall be binding upon the public or private water supplier as of the date of the statement and for 30 days thereafter. When payment in full is tendered within such 30 day period, it shall extinguish any lien by operation of law which the public or private water supplier may have against such property.

(d) A public or private water supplier shall not impose a lien against real property to secure unpaid charges for water furnished unless the owner of such real property is the person who incurred the charges and shall not deny water services when such a lien has been extinguished.

(e) This Code section shall not apply to associations that are subject to Article 3 of Chapter 3 of Title 44 which supply water.

(f) A public or private supplier of gas, sewerage service, or electricity shall not impose a lien against real property to secure unpaid charges for gas, sewerage service, or electricity unless the owner of such real property is the person who incurred the charges.

Code 1981, § 36-60-17, enacted by Ga. L. 1994, p. 1957, § 1; Ga. L. 2016, p. 240, § 1/SB 206.