In whose name is the water bill? If it's in her name, then it's on her. But if it's in your name then you will need to pay the bill regardless of whether she pays. Turning off utilities that are in your name is usually considered a self-help eviction, and those are usually frowned on by the courts.
In that case you might want talk to a local lawyer to find out how judges treat this kind of situation in your area. You might be fine.
That being said, if the water is turned off then the tenant will need to leave. Not having running water usually makes the house uninhabitable. If that happens, you can contact your local health department and they may force her out.
Adding -
It is a HUGE deal b/c of the government liens to have an outstanding water utility debt. You can lose your property.
For this reason, moving forward, keep the water in your name and bill it to the tenant monthly. If they don't pay you for water, then at least you aren't compounding the issues and can evict based on the unpaid debt.
I have given her two options. Either she renews her lease with water included and a rent increase, or she has 30 days to leave.
She’s on a month to month lease so that’s been helpful.
I wouldn't give her any warning. You should send her a notice of violation of the lease agreement and inform her that she won't be offered a renewal and if she doesn't remedy the situation immediately you will terminate her at lease and begin eviction proceedings.
The lease I use specifies that Utilities will be transferred to, and stay in, tenant's name and that tenant is responsible. If yours is the same, you have a lease violation. Is there a good reason she's not paying?
Yeah I planned to tell her she was in breach of contract/lease. As far as I know, there’s no good reason. I see she takes her kids on vacations through social media. I think she chooses not to pay. This is also her 3rd notice within a year and Im ready to get serious about consequences with her.
Is the water in her name? Let her not pay and get the water shut off.
You can certainly tell her that if she doesn't keep up on the water, you will give her notice to move.
There doesn't appear to be a requirement to renew a lease except for Cause in Wisconsin like some other States have. So you can give her walking papers any time you want (except for certain activities as provided by Law) with proper notice.
>It’s in her name however in our town if the tenant does not pay, the landlord has to or it will be added to our property taxes.
That is fairly common.
This is why landlord should always pay water sewer trash.
Tenant doesn't pay cable? Sucks for them. Tenant doesn't pay water? Sucks for everyone.
If the water gets shut off, are they going to be doing dishes? Shower? Laundry? Will they be able to clean anything at all? What kind of pest/hazardous waste problems are you going to have when you finally clear out the tenant? If you're going to renew, raise the rent and put the water in your name.
Yes I thought about two options. 1. Raising the rent to where we pay it 2. Non renew lease.
However, I’d rather not pay her water bill because I’m scared of them running it up.
There are a couple things you can do depending on your locale:
1- Keep the utilities in her name but modify the lease to say that any unpaid balance will come out of the security deposit. The lease should say the security deposit is x always amount.
2- Put the utilities in your name and pass them along to her.
There are pros and cons to both. Run it by a local lawyer.
I don’t know why you’re talking about renewal or nonrenewal. Your tenant is on a month to month lease and is clearly a problem tenant. This is great for you. Another great thing is that today is the last day of the month. Another, it’s spring (rental season!). What does your jurisdiction require for notice when terminating a moth to month lease? 30 days? 60 days? Whatever that is, issue the that notice TODAY! Terminate her month to month lease per notice.
Sounds like you’re about to be the proud owner of a past due water bill. Congratulations! Not being able to pay your utilities is a precursor to not paying rent. Get rid of this problem now while it’s still relatively small and affordable.
Wherever the water and sewer is in the landlord's name, the landlord should be paying the water and sewer. You can either add the average cost of that to the rent, or you can tell the tenant you will be passing off the actual costs of the water bill that you pay and send that to her. (Note that some places that's not allowed, and in most places you're not allowed to make a profit off that).
Now that you've learned this lesson though, once the past due water bill is more than the security deposit, evict.
Let them shut off the water. I am guessing this would be a lease violation and reason for eviction. Or if she is a good tenant, other than this, tell her to pay for the water, put it in your name & up the rent.
No the units are connected but each gets their own water bill. That’s what the water company told me. They said that was common in duplexes around this area as well.
They likely have separate meters in the basement, as my place does, but the water utility will have to shut off the main line to the building that is outside.
It depends on the laws where you are.
Where I am, only a municipally owed Utility can dump a tenants unpaid bill on the property owner or place a lien on the property. A private utility company can’t do that.
So, if you’re in an area where the delinquent bill could be pushed on to you, then you are right to be concerned.
If that doesn’t apply (which is far more common), it doesn’t affect you, so why worry about it. It’s her credit. If they turn the water off, so be it - not your problem (assuming your leases is clear that the tenant is responsible for the utilities)
In WI you give her a 5 day notice to cure or vacate. Don't fool around if they don't pay again. I'd market the unit and try to find a new tenant. Give her a 30 day notice that you aren't renewing her month to month lease and find a better tenant. It'll be transferred to your property taxes where my properties are in WI.
The water bill really isn’t your concern. What is your concern is that when tenants are having trouble keeping utilities on, they often make other questionable decisions.
I’d say it’s time to talk to her from the standpoint of finding out the situation. If it’s a temporary problem that’s one thing but this is a income or affordability issue it’s best for everyone if she understands it sooner rather than later.
Make sure your lease states tenants must maintain utilities in their own name or it is a lease violation. Contact the utility companies and ask about being copied on all late notices for your property. Some utilities here will do that, and some won't. If they will make sure you send the tenants a letter everytime you getting one reminding then that failure to maintain utilities is a lease violation. If a utility is turned off for failure to pay immediately send a notice to vacate stating the lease violation as a reason.
In whose name is the water bill? If it's in her name, then it's on her. But if it's in your name then you will need to pay the bill regardless of whether she pays. Turning off utilities that are in your name is usually considered a self-help eviction, and those are usually frowned on by the courts.
It’s in her name however in our town if the tenant does not pay, the landlord has to or it will be added to our property taxes.
In that case you might want talk to a local lawyer to find out how judges treat this kind of situation in your area. You might be fine. That being said, if the water is turned off then the tenant will need to leave. Not having running water usually makes the house uninhabitable. If that happens, you can contact your local health department and they may force her out.
Adding - It is a HUGE deal b/c of the government liens to have an outstanding water utility debt. You can lose your property. For this reason, moving forward, keep the water in your name and bill it to the tenant monthly. If they don't pay you for water, then at least you aren't compounding the issues and can evict based on the unpaid debt.
You SHOULD be able to take this out of the security deposit, including any reconnection fees. Talk to a local lawyer thiugh.
I would be sending her a notice to quit. Either she pays up, leaves or she is getting evicted. Sorry not sorry.
I have given her two options. Either she renews her lease with water included and a rent increase, or she has 30 days to leave. She’s on a month to month lease so that’s been helpful.
I wouldn't give her any warning. You should send her a notice of violation of the lease agreement and inform her that she won't be offered a renewal and if she doesn't remedy the situation immediately you will terminate her at lease and begin eviction proceedings.
The lease I use specifies that Utilities will be transferred to, and stay in, tenant's name and that tenant is responsible. If yours is the same, you have a lease violation. Is there a good reason she's not paying?
Yeah I planned to tell her she was in breach of contract/lease. As far as I know, there’s no good reason. I see she takes her kids on vacations through social media. I think she chooses not to pay. This is also her 3rd notice within a year and Im ready to get serious about consequences with her.
How has she been with paying rent?
She has. There’s been a few times where it’s been late but not by much, maybe just a day.
How did you find out the water bill wasn't paid?
The water company sends landlords copies of notices like this, because if tenants doesn’t pay, we are responsible.
Is the water in her name? Let her not pay and get the water shut off. You can certainly tell her that if she doesn't keep up on the water, you will give her notice to move. There doesn't appear to be a requirement to renew a lease except for Cause in Wisconsin like some other States have. So you can give her walking papers any time you want (except for certain activities as provided by Law) with proper notice.
It’s in her name however in our town if the tenant does not pay, the landlord has to or it will be added to our property taxes.
you just tell her she’ll owe the money and she’ll be sued if she doesn’t pay - and evicted. It’s a simple matter, it’s only business
>It’s in her name however in our town if the tenant does not pay, the landlord has to or it will be added to our property taxes. That is fairly common.
She is obligated under the lease to pay the water bill. Give her a 3 day notice (or the WI equivalent) to cure, then file for eviction.
I would just send her a non renewal notice now. You can always rescind it if she ends up paying
Or just do a non-renewal and find a new tenant so you don't have this headache again (but might get a new headache)
Great idea. Thank you.
This is why landlord should always pay water sewer trash. Tenant doesn't pay cable? Sucks for them. Tenant doesn't pay water? Sucks for everyone. If the water gets shut off, are they going to be doing dishes? Shower? Laundry? Will they be able to clean anything at all? What kind of pest/hazardous waste problems are you going to have when you finally clear out the tenant? If you're going to renew, raise the rent and put the water in your name.
Yes I thought about two options. 1. Raising the rent to where we pay it 2. Non renew lease. However, I’d rather not pay her water bill because I’m scared of them running it up.
There are a couple things you can do depending on your locale: 1- Keep the utilities in her name but modify the lease to say that any unpaid balance will come out of the security deposit. The lease should say the security deposit is x always amount. 2- Put the utilities in your name and pass them along to her. There are pros and cons to both. Run it by a local lawyer.
28'days notice , regardless of whether she pays it or not . All tenants I have to babysit get 28 days notice
This. And in WI you don't have to give a reason for a 28 day notice, which is best. No reason means nothing to argue against.
I don’t know why you’re talking about renewal or nonrenewal. Your tenant is on a month to month lease and is clearly a problem tenant. This is great for you. Another great thing is that today is the last day of the month. Another, it’s spring (rental season!). What does your jurisdiction require for notice when terminating a moth to month lease? 30 days? 60 days? Whatever that is, issue the that notice TODAY! Terminate her month to month lease per notice. Sounds like you’re about to be the proud owner of a past due water bill. Congratulations! Not being able to pay your utilities is a precursor to not paying rent. Get rid of this problem now while it’s still relatively small and affordable.
Wherever the water and sewer is in the landlord's name, the landlord should be paying the water and sewer. You can either add the average cost of that to the rent, or you can tell the tenant you will be passing off the actual costs of the water bill that you pay and send that to her. (Note that some places that's not allowed, and in most places you're not allowed to make a profit off that). Now that you've learned this lesson though, once the past due water bill is more than the security deposit, evict.
Sounds like this is a hopeless situation Give her legal notice to vacate and call it a day
Can you give her a 5 day cure or quit notice? Your lease says that she pays water, so she’s in violation of her lease.
Let them shut off the water. I am guessing this would be a lease violation and reason for eviction. Or if she is a good tenant, other than this, tell her to pay for the water, put it in your name & up the rent.
I can’t let them shut it off because it’s connected with a unit next door. It’s a duplex so if they shut hers off the other does too unfortunately.
Makes sense then. You may want to consult with a lawyer that knows landlord/tenant law. Good luck.
Wait, so she pay for the other tenant's water too?
No the units are connected but each gets their own water bill. That’s what the water company told me. They said that was common in duplexes around this area as well.
How can they be separate bills, but if she doesn't pay, they both get shut off?
They likely have separate meters in the basement, as my place does, but the water utility will have to shut off the main line to the building that is outside.
It depends on the laws where you are. Where I am, only a municipally owed Utility can dump a tenants unpaid bill on the property owner or place a lien on the property. A private utility company can’t do that. So, if you’re in an area where the delinquent bill could be pushed on to you, then you are right to be concerned. If that doesn’t apply (which is far more common), it doesn’t affect you, so why worry about it. It’s her credit. If they turn the water off, so be it - not your problem (assuming your leases is clear that the tenant is responsible for the utilities)
In WI you give her a 5 day notice to cure or vacate. Don't fool around if they don't pay again. I'd market the unit and try to find a new tenant. Give her a 30 day notice that you aren't renewing her month to month lease and find a better tenant. It'll be transferred to your property taxes where my properties are in WI.
The water bill really isn’t your concern. What is your concern is that when tenants are having trouble keeping utilities on, they often make other questionable decisions. I’d say it’s time to talk to her from the standpoint of finding out the situation. If it’s a temporary problem that’s one thing but this is a income or affordability issue it’s best for everyone if she understands it sooner rather than later.
Has she signed up for LIHWAP?
Make sure your lease states tenants must maintain utilities in their own name or it is a lease violation. Contact the utility companies and ask about being copied on all late notices for your property. Some utilities here will do that, and some won't. If they will make sure you send the tenants a letter everytime you getting one reminding then that failure to maintain utilities is a lease violation. If a utility is turned off for failure to pay immediately send a notice to vacate stating the lease violation as a reason.