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RELEVANT LINKS: League of Minnesota Cities Information Memo: 6/22/2016 Securing Payment of Utility Charges Page 30 Cities must not get involved in a situation where the city may be considered the landlord’s agent. Landlords have many other legal ways to deal with tenants who fail to pay for utilities or comply with a lease agreement. Cities may need to develop a process to use and require documentation when a landlord requests that the city shut off electricity, heat, gas, or water to a particular unit, saying that it is unoccupied. Using a form that requires the landlord’s assertion that the unit is vacant and the landlord’s signature may protect the city’s interests. Best practices suggest consulting the city attorney for appropriate forms and process. 1. Landlord failure to pay and posted notice Minn. Stat. § 504B.215, subd. 3. Cities must notify tenants if the city intends to shut off a utility service to a building because the landlord has failed to pay for the service. This law applies to city utilities that supply water, electricity, heating oil, propane, or natural gas services. Tenants must receive posted notice and a chance to pay. The posting must be placed in at least one conspicuous location in or on the building and provide tenants with, at a minimum, the following information: Minn. Stat. §504B.215, subd. 3. See sample notice for non- electric utility disconnection when the landlord fails to pay. • The date the service will be discontinued. • The telephone number to call at the utility to obtain further information. • A brief description of the rights of tenants under this section to continue or restore service. • Advice to consider seeking assistance from legal aid, a private attorney, or a housing organization in exercising the rights of tenants under Minnesota law to maintain their utility service. a. Tenant paying for water If the landlord still has not paid the bill and a tenant decides to pay, or the water is shut off, the city must provide a copy of each water bill the landlord failed to pay upon request from the tenant. A tenant has an ongoing right to pay the current charges for the most recent billing period and keep the water on. “Current charges” do not include late payment fees incurred by the landlord. The city must provide the tenant the same amount of time to pay current charges that the landlord has under current ordinance, policy, or practice. The tenant does not need to pay a deposit and must receive reasonable notice of any future disconnection. Tenants may deduct documented payments from rent obligations.