Seeking opinions-suggestions

[gotrocks]

Hello Dear Fellow TBN'ers,
Hope your Labor Day is pleasant. I realize some are at the mercy of Mother Nature, and you are in my prayers.

Now for my concern. (brief as possible)???

My wife and I are retired and we depend on several rental houses for some of our income.

August 2010, a house had been vacant for a few months.
We finally got a tenant and she moved in with her children.
When she went to sign up for water she was told there was a charge for "unauthorized use".

She called me and I went to the office and was told the property owner is now responsible for "unauthorized use" (first time I heard that) plus an addition charge for putting a lock on the meter.

I asked "If the owner is responsible why was no bill sent as soon as the "unauthorized use" was discovered?"

"We don't know who owns the property."
This is the local city government running the show.

I paid the charges so the tenant could LIVE in the house.

Then went over each property and made sure my name was on the list as owner. Left assuming I would be contacted if this occurred again.

WRONG August 2011 Same song second verse

House vacant December 2010. Go to sign up for water.August 2011
"unauthorized use" This time talk to manager. Meter was read in April, May.... "their policy does not allow the contact of the owner." Paid the charges.

I posed this situation to the mgr. Your water meter is on my property. A thief steals water. I'm responsible for the cost.

NOW.. My vehicle is on city property. A thief steals gas from the tank. The city is responsible for the cost.

Mgr got a little testy and said that was ridiculous.
Told me I should be glad my charge was much less than some that was into the hundreds.

QUESTION:
Since water is provided by "The Only Game in Town" does this qualify as EXTORTION?

At present I have another property that is three months PAST DUE and water has been cut off due to several hundred dollar past due bill. My concern is if the tenant cuts the lock and turns the water back on then I'll be the one on the hook again.

"What would you do?"

 

[Western]

Only thing I can think of is get a deposit from your new tenants to also cover unpaid utilities.

 

[gotrocks]

Thanks for the reply.
It's not tenant's unpaid charges.

It's persons unknown turning on the meter when the house is vacant. (supposed to be vacant, could be undetected squatters or neighbors)

And the utilities dept. reads the meters each month, and does not notify the owner when "stolen water" is discovered.

 

[Rustyiron]

It might be worth putting some type of valve that has provisions for a padlock intalled where you can get to if. I have never seen a valve like this (not a pro plumber) but somebody has to make one. I think with just the right lock, you could lock a std. ball valve pretty simply.

 

[jinman]

Norris, I'm thinking that when a tenant moves out, you should send a letter to the utility company by certified mail saying that the tenant has ended their lease and that you wish for them to remove the meter base. Say that if it is left in place you cannot guarantee the security of the water. Water thieves want to get water easily. With the meter gone, it's too much work. It at least would be worth a try.

 

[Western]

I like both the Jim and RI answers, both good idea's. I know most all the commercial buildings I work on have "keyed" exterior faucets, a little harder to turn on and also behind a locked cover.

Some are like these:
Amazon.com: Berkshire Spigot Lock (SL1): Home Improvement

Amazon.com: Faucet Lock / Water Theft Deterrent: Patio, Lawn & Garden

I like these the ones you'll find in the link below and see them most often on commercial property. Wal Mart uses them to stop theft.The lockable box I think is better, the nozzle attachments can be busted off with the faucet head if they get frustrated.

Merrill MFG. :: Product Catalog

 

[kf4uda]

I guess I would try going to a utility board or city commission meeting using a humble approach and present the problem to them and ask if they have any ideas how this could be prevented in the future. Since it has happened twice then you should expect it to happen again. If they didn't then I would request that someone please explain to me how that if the lock,valve and meter belongs to them and is somehow defeated why you are responsible for the "unauthorized use".

If that yielded no help then I might consult an attorney if the money you might pay out in water charges was enough to merit his charges.

If the city was doing its job they would work with you solve the problem but how often does that happen? I am sorry for the situation that your in.

 

[gotrocks]

Thanks to ALL who have replied.
I talked with the DA's office today and was told it is civil matter.
Dang;
"EXTORTION
: the act or practice of extorting especially money or other property; especially : the offense committed by an official engaging in such practice
Illegal use of one's official position or powers to obtain property, funds, or patronage"

Legal definition is different.

Ballot box is our only recourse.


"If the city was doing its job they would work with you solve the problem but how often does that happen?"
Answer: Seldom if ever.
I'll consider scheduling a meeting with the City Council Work Session.

Last meeting they put a 1 1/2 percent gross receipts tax on rent collected.

 

[jinman]

Norris, this is definitely one of those "can't fight city hall" issues. As painful as it might be, you are going to spend less and deal with a lot less hassle if you just pay to have the meter locked or removed. If it's any consolation, you should be able to deduct the fees associated with this from your income taxes as business expenses. The truth is, there is not much help for landlords. There's no landlord's association or such that could represent you, so you are left to foot the bill by yourself. Who among us could not call all kinds of fees and taxes as "extortion" by government? I don't think you'll get much help going down that road unless you can show that they are treating you differently than they do other landlords. You have my sympathies, but I have very little to offer in the way of a solution.

 

[brin]

I agree with Jim...I too have rental properties and you can fight City Hall but you will lose...so pick your battles wisely...I don't think this is a hill you want to die on.