Sunday, December 27, 2009

 

Utility Disclosure Act

If you have a master meter for a building but still want your tenant to pay a portion of the utility that you need to review the Tenant Utility Disclosure Act. You have to have a written agreement that explain the formula you are using to determine what share of the bill you pay and what share of the bill your tenants pays. That has to be agreed to in writing as part of the lease. Just like in my last post failing to follow these rules will make it easy for your tenant to break all or some of the lease terms.
I was reading an article where the landlord lost an eviction case and had to pay for all the utilities because he was not clear with the formula he was using for the gas bill. This landlord also got in trouble for not serving a five day notice directly to the tenant. Instead he posted it on the door. That is not considered proper notice. If you have a tenant that is just late all the time and you serve them five day notices as a warning then you can probably keep posting it on the door, but if you are trying to evict a tenant you are going to need to serve them in person and have them sign the notice for it to count as service. Please review you lease agreement with an attorney if you have a master meter that is shared by more than two users.

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