Full question:
In Ohio, for a commercial property, can a public utility hold the landlord reponsible for the delinquent utility bill that was in the tenant's name. The city of Bethel has an ordinance (1290) on their books that says they can and they are threatening to turn it over to the county auditor for collection. As the landlord, we never made any agreement with the utility that we would be responsible for the utilities in the event of our tenant default, nor were we notified of any delinquency until now, five months after the account became delinquent.
- Category: Contracts
- Date:
- State: Ohio
Answer:
In some areas, the property owner is responsible for some utility bills. Ordinances are generally enforced as long as they aren't unconstitutional, despite a citizen's lack of awareness of the law. If you are responsible, you have to pay or a lien may be placed on the property. Then you may locate the old tenant so you can sue for the extra money the tenant owes.
Some utilities will not allow you to opt out of this obligation. Some force the property owner to be the guarantor of the tenant. If the tenant does not pay, the company pursues the property owner for the money. If the owner does not pay, the company places a lien on the property. See if opting out is an option for you. Also, make sure the utility marks the payment as being from you and not the tenant. The tenant shouldn't be able to get service at any other place until he pays the utility company and the company may refund your money.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
