Is This Water Bill Tied to the Tenant or the Property?

4 Replies | Atlanta, Georgia

Hey guys,

I have a property that I am putting under contract.

It is in Clayton County, GA.

The tenant of this property currently has large water bill.

The owner of this property said that this water bill is tied to the owner and that it is not tied to the property itself.

How true is this statement?

Updated almost 3 years ago

"The owner of this property said that this water bill is tied to the TENANT and that it is not tied to the property itself."

That is true but at closing the tiltle company is suppose to make sure that water/tax etc is paid up to date. If you're not going through a closing company then make sure you consult the water dept on the separation of the debt so you don't get stuck with it..

You basically said the same thing tied to the owner or the property is the same.  There are several cities where if the water bill is not paid it gets tacked on to the property tax bill thus making it the owner's responsibility, but in most cases this should be made clear in a lease.

According to Georgia Code 36-60-17 , the water bill is responsibility of person that has incurred it. So, if it was a tenant, they're not allowed to put a lien against the property. 

(d) A public or private water supplier shall not impose a lien against real property to secure unpaid charges for water furnished unless the owner of such real property is the person who incurred the charges and shall not deny water services when such a lien has been extinguished.