All Forum Posts by: Margaret Blanton

 The fact that they didn't notice that much continuous use on the city's end is pure negligence, especially after you and the tenant contacted them.  the city should have looked at the baseline 'use' and said, what is wrong.  I hope your insurance company goes after the city.

I would be reviewing the below statute closely to determine if that debt is enforceable as a lien…

https://law.justia.com/codes/g...

Congrats on finding the source. At $2k/mo that is still 43 months! Your tenants should’ve told you so there is probably some liability there. Whether or not you’ll be able to win that or ultimately collect is a different story.

Do talk to the city, submit proof repairs, and ask for an adjustment. From what I know, some are more lenient than others. If the leak is in the main supply line, the water didn’t go down the sewer so, at the very least, push on sewer charges. And have your foundation checked - that is A LOT of water to go under the house!

Aloha,

I know nothing about Atlanta or their utility companies, but you should certainly start by talking with someone there, BEFORE spending money on an attorney or threatening the utility company with doing so. Find out what the service dates are for the billing, where they have been sending the prior invoices, and what your realistic options are. Have YOUR documentation available to share with them...tenant(s) rental agreements, with their rental applications that include their SS#, employment, and other useful info. If they have applied for the utility elsewhere, they may be able to motivate them.

You also need to figure out exactly what is required to avoid this predicament with your next tenant. If you cannot be removed from the liability, your only logical choice would be to have billing sent to you, and you collect from tenant each month...either with a dramatically higher rental rate that includes the water, or by billing the tenant directly and staying on top of it.

How long was the tenant there, why wasn't a notice sent to shut off the water for non-payment?  Some of the bills, often water, are tied to the property.  This means even if they are in the tenant's name, if they don't pay, you are responsible.  For water, I have it in my name and have the tenants pay me when I get the bill (every 3 months).  For other things where I am (electricity, gas), they go with the tenant (so if the tenant doesn't pay, that bill follows them).

I agree with the others, check the water usage and see if there is a break in the line.  If the water meter is constantly spinning, that is likely why.  The water company should have  notified you that there was a problem as they monitor it. 

I think they definitely should have shut it off.

All of my water bills since I have owned a home have not added up to that, there has to be a leak somewhere or a faulty meter.  I agree it sounds insane that the water was not shut off but in some areas with COVID they weren’t disconnecting utilities and the tenant may have been too afraid to tell you.  Hopefully they moved to purchase a home so that you can sue and ironically place a lien on their house for the water they owe you.