Tenant late on Water Bill

[mplut]

I have a rental property - Single family home in Brampton - where the tenant is responsible for all utitilities. To date she has paid the rent on time, including October 1st.
Two weeks ago, I received an emailed "Late Due notice" for a $65 quarterly water/sewage bill. (I had signed up for email notification of late payments when she first moved in.)
She`s a busy person, so I thought little of it and emailed it to her, thinking perhaps that the bill was simply overlooked.

Tonight I received another email - this time a Final Due notice stating that services would be cut off in 10 days if it isn`t paid.

I know that legally, as homeowner I am ultimately responsible for that bill.

With the monthly rent paid on time, I`m surprised that a $65 water bill wouldn`t be paid. Before I take any action, I would be interested in hearing advice from others as to the best approach. For all i know, the other bills have not been paid either...

Thanks,
Margaret

 

[mark186]

"I know that legally, as homeowner I am ultimately responsible for that bill."

No, you are not.

In Ontario a landlord cannot have utilities shut off but if they are in the tenants name, it is the tenants responsibility. Also, the utility provider cannot hold you liable although you may run into issues when subsequent tenants attempt to put the utilities into their name.

You should speak to your tenant to ensure there is no misunderstanding.

 

[mplut]

Interesting.

I fully intend to speak to the tenant today and had every intention of maintaining that it is her responsibility.

Having said that - I`m a little disconcerted about what the Region`s email said:

As the owner of a tenanted property, the Region of Peel is sending you a copy of the past due notice for this account.

The owner of the property is ultimately responsible for payment of the account based on the Municipal Act, 2001, c. 25, s. 394. To review the Municipal Act, 2001 please go to http://www.e-laws.gov.on.ca.

I was having trouble making out the legal-eze but it didnt` sound good...

 

[fumbrunner]

QUOTE (mark186 @ Oct 8 2009, 10:17 PM) "I know that legally, as homeowner I am ultimately responsible for that bill."

No, you are not.

In Ontario a landlord cannot have utilities shut off but if they are in the tenants name, it is the tenants responsibility. Also, the utility provider cannot hold you liable although you may run into issues when subsequent tenants attempt to put the utilities into their name.

You should speak to your tenant to ensure there is no misunderstanding.

Are you sure about that? I know that in Manitoba, outstanding bills are the tenants responsibility for hydro and gas only. Water remains the responsibility of the property owner. I believe it is similar in other jursidictions. which is why I have tenants pay heat and electricity and I pay the water bill.

 

[invst4profit]

[quote name=`plus` date=`Oct 9 2009, 08:16 AM` post=`67681`]
Interesting.

I fully intend to speak to the tenant today and had every intention of maintaining that it is her responsibility.


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It could simply be a misunderstanding on your tenants part however if not I would push her hard to pay the bill immediately.

I would inform her if it is not paid immediately I would be forced to pay it on her behalf and have my lawyer take her to small claims court to recover the cost of the water bill as well as all legal expenses.

I would also inform her that if I do have to pay her water bill I would be evicting her.

I have no tolerance for delinquent tenants and generally find, once I have confirmed intentional non payment, that strongly worded demands generally motivate better than simply talking or asking. In a case like this politely asked that they pay will have little to no effect.
Set a definite time frame for her to show you proof the bill is paid or demand cash payment from her on the spot.