Help - Water Submetering Co. trying to take a bite out of me!! (Mesa: HOA)

[Nikita The Dog]

Hello there,

I searched for my answer but did not find it so hopefully someone can help me out here.

Here is the story - I'll try to keep it as brief as I can with all the details.

I'm a landlord in Mesa Az. In my contracts with the my tenants I spell out that they are responsible for paying utilities, I don't want any part of that.

A little background. My unit is in a HOA which at one time had a master meter that was paid through your montly HOA dues. The HOA decided to get out of the water business and had a submetering company come in, set meters to everyones townhome and then the submetering company bill each townhome for there useage.

Anyway, all works fine with the other utilities, the perspective tenant re-establishes service when they move in. However the with the water submetering company, I just call them up, give them the tenants name and address and they start to bill the tenant.

Had a tenant that at the end of his two and half years, skipped out on the water submetering company and now owes them a little over $300.

The submetering company is now threatening me that if the tenant does not pay then I am responsible for the water bills left behind.

I don't believe that I am and I don't see where the water submetering company has any teeth to make me pay for bills that I didn't create. I know by law, I can pay the bill and then take the tenant to court, but I feel that this is not my responsibility, nor should i have to do this.

The submetering company is telling me that I'm responsible because I own the property. I think they are trying to make someone pay even if that someone is me by putting me on the hook. They previous tenant also skipped on the electric, yet the electric company is not making me pay their bill, they are going to get them.

What are my rights? Is this legal? I would really like to shut this submetering company up and let them go after the person oweing the bill, however, they just keep piling the fees on for not being paid at the rate of $40 per month. Help!!!

[collinsl]

Take them both to court. Make the water company drop the extra bills and make the defaulting tenant pay.

[rickers]

Try to get the HOA to pay it if they are the ones who brought the sub metering company in. That may not fly and you may end up having to pay the bill, then you have to go after the deadbeat tenant.