Lean On Property From Delinquent Tenant Water Bill?

Question

We operate properties all over the state of Virginia, and out in King George County they use the property owner as the fallback to unpaid utility bills for whoever is living on the property. It's the only county we operate in that has done this to us. So they send you a bill for a water bill that you did not open an account for, and you better pay it or they will put a lean on your property, no ifs ands or buts. That's life, and you just put it into your operating budget.

What's interested, is today while talking to them about some units, the lady was a little hot under the collar from my questions about some odd billing that was from almost 8 month ago in 2015, that they just got around to sending us a bill for, with late fees, this year for some reason. They waved the fees in the end, but she gave me a earl full about it being the law, state law, that all unpaid utility bills fall back to the property owner, and that this is normally in every country everywhere in the state of Virginia. As we operate in many counties, I know that's not true, or at least I have never ran into it before, and I'm sure we have tenants that failed to pay a bill now and then.

I'm trying to find this law. Anyone else know of this law, or can post a link to this law?

Matthew Kreitzer · Answer

Virginia Code Section 15.2-5139.

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Matthew Kreitzer · Answer

There is an area of law known as "agency law", whereby a person may be found to be responsible for the actions of third parties depending on the facts of a specific case. A person may be found to be an agent under a number of different theories; Apparent Agency, Real Agency, Statutory agency, etc. In effect, you may be liable under the theory of statutory agency. It is a strict liability code section. According to the statute, all land owners are strictly liable for *any* and *all* charges related to water. (Pursuant to 2119)

That doesn't mean you can't bring a lawsuit to get that money back from the third party in what is known as an "indemnification" law suit. However, you are most likely statutorily liable, based on the raw language of the statute, for those fees. If you wish to obtain those monies from the third party, find a Debt Collection firm soon.

Disclaimer: The above may be considered legal advertising by the Virginia State Bar. All disclaimers in this thread are continuing in nature, and I incorporate all prior disclaimers here-in by reference. These are the views of myself, and do not reflect my firm's views.