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As part of the rental agreement the tenant had to put the utilities in their name. They left owing a bill. Now the city is calling me telling me that I am responsible for the bill. Is that true?
Have you read the Texas landlord-tenant statutes? I think there's a link in the sticky at the top of this forum. If you don't find the answer there, you might have to get an attorney. But here's some thoughts - I am not an attorney; I have never lived in Texas; this is not legal advice.
The water was supplied to the property. It is likely that there is a local town ordinance that provides for a lien on the property if the water bill is not paid. So, whether the town will come after you for the payment or after the tenant, if there is a possibility they will attach your property, it might be in your best interests to pay it and then sue the tenant in small claims court.
In many cities the water or sewage is owned by the city and not a private utility, so yes if owned by the city they do have the power to put a lien on your property if not paid, just like property taxes..
If the utility is owned by a private company they would take you or the party who activated the account to court as a business contract.
Similar scenario - you lend your car to someone who then zips past a speed camera, and doesn't pay the fine ... As titled owner of the property, its still your responsibility for such utility despite the account being in another's name. You'll probably find such past due amount is subject to being a lien, but it does give you grounds to small claim your previous tenant; its a civil matter now ... might be able to deduct it from your taxes.
How long has it been since they moved out? Could you pay the bill and then, with a copy of the receipt, attach it to the copy of the itemized list of deductions from their security deposit; take from their security deposit what they did not pay for their own water bill?
Yeah, in my area, all city/county utilities are ultimately the owner's responsibility. We always double check to make sure final bills have been paid before refunding any deposits for exactly that reason. So if the water bill is a municipal bill, then very possibly you do have to pay it.
I would avoid the hassle. Average out the water bill for the last few years and include it in the rent. I don't think I've ever paid a water bill in all the apartments i've lived in
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