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08-29-16-SWS
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RELEVANT LINKS: <br /> <br />League of Minnesota Cities Information Memo: 6/22/2016 <br />Securing Payment of Utility Charges Page 30 <br /> <br /> <br /> Cities must not get involved in a situation where the city may be <br />considered the landlord’s agent. Landlords have many other legal ways to <br />deal with tenants who fail to pay for utilities or comply with a lease <br />agreement. <br /> Cities may need to develop a process to use and require documentation <br />when a landlord requests that the city shut off electricity, heat, gas, or <br />water to a particular unit, saying that it is unoccupied. Using a form that <br />requires the landlord’s assertion that the unit is vacant and the landlord’s <br />signature may protect the city’s interests. Best practices suggest consulting <br />the city attorney for appropriate forms and process. <br /> 1. Landlord failure to pay and posted notice <br />Minn. Stat. § 504B.215, <br />subd. 3. Cities must notify tenants if the city intends to shut off a utility service to a <br />building because the landlord has failed to pay for the service. This law <br />applies to city utilities that supply water, electricity, heating oil, propane, <br />or natural gas services. Tenants must receive posted notice and a chance to <br />pay. The posting must be placed in at least one conspicuous location in or <br />on the building and provide tenants with, at a minimum, the following <br />information: <br />Minn. Stat. §504B.215, <br />subd. 3. <br />See sample notice for non- <br />electric utility disconnection <br />when the landlord fails to <br />pay. <br />• The date the service will be discontinued. <br />• The telephone number to call at the utility to obtain further <br />information. <br />• A brief description of the rights of tenants under this section to <br />continue or restore service. <br />• Advice to consider seeking assistance from legal aid, a private attorney, <br />or a housing organization in exercising the rights of tenants under <br />Minnesota law to maintain their utility service. <br /> a. Tenant paying for water <br /> If the landlord still has not paid the bill and a tenant decides to pay, or the <br />water is shut off, the city must provide a copy of each water bill the <br />landlord failed to pay upon request from the tenant. A tenant has an <br />ongoing right to pay the current charges for the most recent billing period <br />and keep the water on. “Current charges” do not include late payment fees <br />incurred by the landlord. The city must provide the tenant the same amount <br />of time to pay current charges that the landlord has under current <br />ordinance, policy, or practice. The tenant does not need to pay a deposit <br />and must receive reasonable notice of any future disconnection. Tenants <br />may deduct documented payments from rent obligations.
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