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HomeMy WebLinkAboutLandlordTenantAgreementUtilitiesPage 1 of 2 LL/TNT AGRMNT- UPDATED 4/24/15 (Form subject to change without notice) CITY OF OSHKOSH UTILITIES WATER - SEWER- STORM 215 CHURCH AVE C/O WATER UTILITY OSHKOSH, WI 54901 Landlord/Tenant Agreement for Residential Rental Units Pursuant to Wis. Stat. §66.0809 (5)(a), a property owner (hereinafter referred to as the “landlord”) may elect to notify the utility in writing that a tenant is responsible for payment of the residential utility bill in order to provide the landlord with notice should the tenant become delinquent. This form will fulfill the written notice requirements set forth by the City of Oshkosh. Upon receipt of this form, the Utility will follow the processes outlined in §66.0809 regarding delinquent notices, annual tax transfer notice of arrears and related lien procedures. This form must be received along with the final read request a minimum of three (3) business days prior to the final reading date to avoid billing discrepancies. A NEW LANDLORD/TENANT AGREEMENT IS REQUIRED AT EACH TENANT CHANGEOVER. Service Address & Account Info Service Address: Current Account #: Tenant is responsible for the following utility charges associated with this rental unit: Water Sewer Storm Landlord/Management Company Information Owner Info: Last Name: First Name: Middle Initial: DBA: Date of Birth: / / Phone # Cell # Email: Address: City: State: Zip Code: Mailing Address (if Different): City: State: Zip Code: Manager Contact Info (if not owner): Last Name: First Name: Phone #: Cell #: Email: New Tenant Information Move In Date: / / Last Name: First Name: Middle Initial: Date of Birth: / / Phone #: Cell #: Mailing Address (If not service address): City: State: Zip Code: Landlord Agreement As the landlord for this service address, I accept responsibility for notification to the City of Oshkosh Utilities for any changes in occupancy, including coordinating with the tenant in scheduling meter readings when the tenant is moving in and/or moving out. I acknowledge that I am responsible for payment of all City of Oshkosh Utility billings during vacancies for this service address and for working with the Utility if access is needed to the property. By signing this agreement, I certify that I have read and understand the Notice and Lien Process outlined on Page 2 of this form, and I agree to any terms and conditions outlined within. I further understand that any debt incurred by my tenant may ultimately become my responsibility as the landlord. Name (Printed): Date: Signature: Email: Tenant Agreement As the tenant for this service address, I accept responsibility for payment of all City of Oshkosh Utility charges associated with this rental unit during my occupancy and shall notify the Utility when I am moving out. By signing this agreement, I certify that I have read and understand the Notice and Lien Process outlined on Page 2 of this form, and I agree to any terms and conditions outlined within. I further understand that should I become past due, it could ultimately lead to a lien against my personal assets wherein my name could appear on the Wisconsin Consolidated Court Automated Program (CCAP) as a public record. Name (Printed): Date: Signature: Email: - FOR OFFICE USE ONLY - Account # OFFICE USE ONLY Page 2 of 2 LL/TNT AGRMNT- UPDATED 4/24/15 (Form subject to change without notice) Date Received: Initials: Please sign and return City of Oshkosh Utilities the completed form to: 215 Church Avenue Oshkosh, WI 54901 General Utility Service and Billing Request to Start or End Utility Service: To start or end utility services, please call (920) 232-5325 at least 3 business days prior to the date you wish the changes to take effect. Changes to Mailing Address: It is the customer’s responsibility to ensure the Utilities office has the most current mailing address on file for the Utility billing. Please call the Utilities Office when updates are needed. Meter Reading: The Oshkosh Utilities maintains approximately 24,150 water accounts, most of which are residential. Meters are read remotely from a utility vehicle at the street. Meter readings for each property are recorded directly to a computer, which allows thi s information to then be transferred to the billing system. Currently, meters are read approximately within one month before bills are generated. High Usage or Stopped Meters: Based on meter reading data, if the Utility notices usage has drastically changed (increased or decreased) as compared to historical water usage information, a notice will be mailed to notify the customer of the high usage or a stopped meter and provide information as to the steps they need to take. Billing Statements Monthly Billing Statements: Billing statements are mailed out once a month, and are due at least 20 days later. Billing Cycles: The Oshkosh Utilities Office bills each property monthly (12 times per year), but not all properties are billed at the same time of the month. The city is divided into three billing groups, determined by the location of the property within the city. Late Payment Charges: If payment is not received within 20 days of issuance, late payment charges of 1%, will be applied to each utility category. For more information on Water, Sewer and Storm Water rates, payment options, and more; visit www.oshkoshwi.gov. Notice and Lien Process Delinquent Notices (Monthly): The property owner (hereinafter referred to as “landlord”) will be mailed a notice of the past due balance if a tenant fails to pay the monthly billing within 20 days of billing and late fees are applied. Tenant Vacates Premises: If the tenant vacates the premises, in order for the Utility to continue sending n otices to the tenant regarding past due balances, the landlord must provide the Utilities Office with written notice that contains the forwarding address of the tenant and the date that th e tenant vacated the premises. Notification shall be provided by the landlord no later than 21 days after the date on which the tenant vacates the rental unit. Pre-Tax Notice (October 15): Both the landlord and the tenant will be mailed a notice of past due balances on October 15 of each year for any debt incurred prior to October 1 st. Once this notice has been sent, a statutory lien is created against tenant’s personal assets, which will only be enforced if the past due balance is not paid by November 15. Tax Penalty (November 1): If payment has not been made to the Utility by November 1, an additional penalty of 10% of the past due amounts of each utility category (Water, Sanitary Sewer and/or Storm), and will be added to the amount owed. Tax Transfer (November 15): If full payment is not received by November 15, the past due amounts, plus penalties, will be levied as a tax against the landlord’s property. This action will be taken in accordance with Wis. Stat. § 66.0809 (3). There is no exception from the tax levy fo r rental property although additional provisions may apply to certain rental properties as described below. If the property provided with utility service is residential rental property, and the Utility has a Landlord/Tenant Agreement wherein it is stated that the tenant is responsible for payment of utility charges at the rental dwelling unit, Wisconsin law gran ts the Utility a lien upon the responsible tenant’s personal assets in the amount of the past due amount plus penalties. The lien becomes effective if a Pre-Tax Notice is mailed to the tenant on October 15. If the tenant responsible for the past due utility charges pays the full amount plus penalties owed to the Utility by November 15, this lien is automatically extinguished. If the tenant fails to pay the full amount owed to the Utility by November 15, the Utility may file notice of all delinquent tenant accounts with liens in effect with the Winnebago County Clerk of Courts. If the landlord pays the past due utility charges plus penalties owed by the tenant, whether before or after November 15, Wisconsin law requires the Utility to transfer its lien on the tenant’s personal assets to the landlord. The landlord may then file notice of the lien with the Winnebago County Clerk of Court, and notice of the lien will appear under the tenant’s name in the Wisconsin Consolidated Court Automated Program (CCAP). The landlord may thereafter take action to enforce the lien against the tenant’s personal assets. This information is provided in accordance with Wis. Stat. § 66.809 (3m)(a) and (b).