Eviction & Water Utility

[rickie]

Thank you in advance for taking my question.  I am a property owner that recently took over the actual 'landlord' services after my property manager went out of business(subsequently stealing money at the same time).  Anyway - things have gone very south with the first tenant I signed back in August on 2009.  The tenant is currently 4 months behind and I have obviously been playing the patsy for way too long.

I am going to the courts tomorrow to start the eviction process, but I have another concern.  The water utility is in my name, and they have not made any of those payments in over 6 months.  The lease calls for the tennant to pay the water bill quarterly.  I have paid this bill the last two times(because I have been a patsy), but now the water bill is due again.  Am I allowed to tell the town utility office to shut off the water because of non payment?  Electric & gas companies shut off power for non-payment all the time - so I am trying to find out if this is any different.

The eviction process will take about 3-4 weeks in our area(2 weeks for court - then 1-2 weeks before the sherriff serves the papers).  The tenant has proved to be a real snake so far, and I don't put it past them to run up a huge water bill just to screw me even further.  On top of everything - there is no security deposit(another patsy move - but I'm learning).

[Larnell]

Hello Scott,

I hear these horror stories all the time, sorry you have to deal with it. There are scoundrels in every walk of life I suppose, why should property management be any different... but it hurts to hear it.

Not sure what state you are in, but we at BCI Properties, LLC in Tacoma Washington use a professional eviction service who has an Attorney on staff, whereas some managers use an Attorney....and some owners just tough it out and do it themselves.

You should seek the councel of an Attorney. In Washington State you cannot turn off or fail to pay utilities to get a tenant out, even if the utilities was supposed to be in their name..., if the utilities were never switched over and they are still in the owners name you would be stuck with having to pay. The way we deal with such things is in the very beginning of a Lease, before the ink has dried(or within 24 hours) we ensure that utilities are transferred to the tenants name..., or if this does not happen due to tenant neglect or failure to comply then they are already in breach of contract and be begin the eviction process right away. This reminds me of a verse in the Bible at 2nd Timothy: "But realize this, that in the last days difficult times will come. 2 For men will be lovers of self, lovers of money, boastful, arrogant, revilers, disobedient to parents, ungrateful, unholy, 3 unloving, irreconcilable, malicious gossips, without self-control, brutal, haters of good, 4 treacherous, reckless, conceited, lovers of pleasure rather than lovers of God, 5 holding to a form of godliness, although they have denied its power; Avoid such men as these." I wish you the best with your eviction. With the next renter, PLEASE use a good contract and seek advice if you need it. A past President of the United States once said: "ALWAYS walk softly and carry a big stick." :)

Kind regards,

-Don Donald J. Leske II Broker / Property Manager

BCI PROPERTIES, LLC

10909 Portland Ave. Suite-P, Tacoma WA 98445

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