Legal Question in Landlord & Tenant Law in Georgia

Is it legal in Walker County GA for a utility company, such as water or electric, to make a landlord sign a paper acknowledging that the Authority will not activate new water service to a rental unit previous tenant's bill is paid. There for holding the landlord responsible for tenant's delinquent bills?

Here is said form:

Permission to Bill Tenant

All Information Must Be Completed (Please Print Clearly)

Property Owner Name:

Owner Phone number/s: Office: Home: Cell:

Owner Mailing Address:

Service Address:

I,_______________________________________________, owner of the above mentioned property would like you to bill my tenant/s, ____________________________________________________________________, for water services as of the following date (date must be in future/Monday-Friday):

I understand that the Authority will not begin billing my tenant/s until the Authority has received this written request.

The Authority will read the meter at the earliest opportunity upon receiving this form. If service is requested outside of the meter reading cycle, a current disconnection service fee or connection will be charged.

I do hereby acknowledge that as the property owner, the Authority will not activate new water service to a rental unit until previous tenant�s water bill has been paid, including delinquent charges, interest, lien fees and court fees. Further, I understand the following tenant billing policy and responsibilities as owner of the above property:

S Unpaid water bills could result in a lien against my property as described in Authority Policy.

S If water service is disconnected due to non-payment, service will not be resumed until all delinquent charges together with any administrative fees are paid in full.

S Owner is responsible to notify the Authority of any changes in billing. If a tenant contacts the Authority to request a final bill, the account will be terminated and meter shut off and locked, unless owner has made other arrangements to have services remain on.

S A new tenant will require a new "Permission to Bill Tenant" and a �New Service Application� forms. If a new tenant contacts the Authority, a form will be sent to the owner. The tenant will not be set up until the form is returned.

Owner's signature: _______________________________________________ Date: ______________

Owner's designee signature: ________________________________________ Date: ______________

TENANT INFORMATION

Tenant's Name: _______________________________________________ Tenant�s Phone No.: _______________________

Mailing Address (if different than service address): ___________________________________________________________

Tenant's signature: __________________________________________________ Date to start service: _________________


Asked on 7/05/11, 10:13 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

If the landlord wants the water turned back on so the landlord can get a new tenant in the space, the landlord will have to pay the utility the prior tenant's delinquent bill. That's the landlord's cost of doing business -- stated differently, the new tenant shouldn't be required to pay it!

The landlord's recourse against the prior tenant is to withhold the amount from any security deposit paid by the former tenant, or if no security deposit, then to sue the former tenant for repayment of the money. This is a good lesson for the landlord -- never let a tenant in your space unless there is a security deposit to protect the landlord against these types of issues. Landlord should also check every month to make sure that tenant is up to date on their utility bills.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 7/06/11, 12:32 pm


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